Senator Orrin G. Hatch, chairman of the Senate Finance Committee, recently sent inquiries to 20 hospital systems throughout the country, asking for detailed information and records regarding concurrent surgeries. Concurrent surgeries generally involve the coordination of overlapping procedures for a single surgeon (or a team of surgeons).  Concurrent surgeries are a common practice at many teaching hospitals; for example, a teaching physician may allow a resident to close one procedure while the teaching physician starts a second procedure. The Senate Finance Committee inquiry comes on the heels of an in-depth Boston Globe investigation of concurrent surgery practices at Massachusetts General Hospital, which raised concerns about patient informed consent and quality of care issues.

The Senate Finance Committee inquiry potentially could result in changes regarding regulation of overlapping surgery, including current Medicare billing rules for teaching physicians in surgery.  Indeed, Senate Finance Committee staffers recently met with representatives of the American College of Surgeons, which the Boston Globe reports is drafting new guidelines regarding concurrent of surgeries.  Further, the Boston Globe noted that Senator Charles Grassley expressed disappointment at the answers he received from Medicare officials about their regulation of simultaneous surgeries. Accordingly, changes to Medicare regulations or guidance could be on the horizon.

The Boston Globe article detailing the Senate Finance Committee inquiry is available here.  The original Boston Globe investigation is available here.

Reporter, Lauren S. Gennett, Atlanta, + 1 404 572 3592, lgennett@kslaw.com