Regulatory Issues

Under current Center for Medicare and Medicaid Services (CMS) regulations, hospitals are responsible for establishing policies and procedures that differentiate anesthesia from analgesia/sedation. They are also responsible for determining the qualifications for practitioners who administer sedation based on nationally recognized guidelines. CMS regulations require the anesthesia service in CMS-certified hospitals to develop hospital policies and procedures governing the provision of all categories of anesthesia services, including specifying the minimum qualifications for practitioners permitted to provide procedural sedation. Additional regulatory bodies such as state survey agencies, which may include departments of health and accrediting organizations, follow CMS interpretive guidelines to determine a facility’s compliance with the Medicare Conditions of Participation. State laws, health department requirements, professional boards, accrediting organization standards, and facility bylaws and policy may exceed CMS requirements.