New, Stricter CMS Requirements For Physical Restraints Have Facilities In A Bind

Health care facilities who use physical restraints or seclusion in patient treatment will be subject to stricter training requirements and higher standards, according to a new final rule issued by the Centers for Medicare and Medicaid Services ("CMS"). Published on December 8, 2006 the rule finalizes the Patients' Rights Condition of Participation applicable to all Medicare- and Medicaidparticipating hospitals and contains standards that ensure minimum protections of each patient's physical and emotional health and safety. The regulations in the final rule are effective January 8, 2007.

The 52-page rule responds to public comments on potential violations of Patients' Rights by improper use of restraints or seclusion. It revises and refines the interim final rule published on July 12, 1999. In the preamble to that interim final rule, CMS explained that it was considering adopting a consistent restraint and seclusion standard that would apply not only to hospitals but to all health