US · guidance
CMS SOM App. W, Tag C-1110
§485.638(a)(4) For each patient receiving health care services, the CAH maintains a
record that includes, as applicable--
(i) Identification and social data, evidence of properly executed informed consent
forms, pertinent medical history, assessment of the health status and health care
needs of the patient, and a brief summary of the episode, disposition, and
instructions to the patient;
Interpretive Guidelines §485.638(a)(4)(i)
The medical record must include evidence of properly executed informed consent forms
for any procedures or surgical procedures specified by the medical staff, or by Federal or
State law, if applicable, that require written patient consent.
Informed consent means the patient or patient representative is given the information,
explanations, consequences, and options needed in order to consent to a procedure or
treatment.
A properly executed consent form contains at least the following:
• Name of patient, and when appropriate, patient’s legal guardian;
• Name of CAH;
• Name of procedure(s);
• Name of practitioner(s) performing the procedures(s);
• Signature of patient or legal guardian;
• Date and time consent is obtained;
• Statement that procedure was explained to patient or guardian;
• Signature of professional person witnessing the consent;
• Name/signature of person who explained the procedure to the patient or guardian.
The medical record must contain information such as progress and nursing notes,
documentation, records, reports, recordings, test results, assessments etc. to:
• Justify admission;
• Support the diagnosis;
• Describe the patient’s progress;
• Describe the patient’s response to medications; and
• Describe the patient’s response to services such as interventions, care, treatments,
etc.
The medical record must contain complete information/documentation regarding medical
history, assessment of the health status and health care needs of the patient, and a
summary of the episode, disposition, and instructions to the patient. This information and
documentation is contained in a discharge summary.
A discharge summary discusses the outcome of the CAH stay, the disposition of the
patient, and provisions for follow-up care. Follow-up care provisions include any post
CAH appointment, how post CAH patient care needs are to be met, and any plans for
post-CAH care by providers such as swing-bed services, home health, hospice, nursing
homes, or assisted living. A discharge summary is required following any CAH acute
care stay prior to and following a swing-bed admission and discharge.
The MD/DO or other qualified practitioner with admitting privileges in accordance with
State law and CAH policy, who admitted the patient is responsible for the patient during
the patient’s stay in the CAH. This responsibility would include developing and entering
the discharge summary.
The MD/DO may delegate writing the discharge summary to other qualified health care
personnel such as nurse practitioners and physician assistants to the extent recognized
under State law or a State’s regulatory mechanism. The MD/DO may also delegate
writing the discharge summary to another MD/DO who is familiar with the patient.
Survey Procedures §485.638(a)(4)(i)
• Verify that the medical staff have specified which procedures or treatments
require a written informed consent.
• Verify that medical records contain consent forms for all procedures or treatment
that are required by CAH policy.
• Verify that consent forms are properly executed.
• Examine a sample of patient records and/or facility records of requests for
information contained in patient records to determine if there are signed and dated
consent forms, when required, medical history, health status and care needs
assessment, and discharge summary in each record, as needed.
• Review of sample of active and closed medical records for completeness and
accuracy in accordance with Federal and State laws and regulations and CAH
policy. The sample should be at least 10 percent of the average daily census, as
appropriate.
History
Rev. 200, Issued: 02-21-20; Effective: 02-21-20, Implementation: 02-21-20
Provenance
- Source
- cms.gov
- Retrieved
- 2026-07-22
- Edition
- som-2026-07-22
- Content hash
399a563f2f4f795ddd5bddd968d5090cdcb72294341e1e32b9869f6318389d78
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