[NIFL-HEALTH:3967] RE: help with "prudent layperson" explanation

From: Baur, Cynthia (CBaur@osophs.dhhs.gov)
Date: Thu May 01 2003 - 13:50:47 EDT


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From: "Baur, Cynthia" <CBaur@osophs.dhhs.gov>
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Subject: [NIFL-HEALTH:3967] RE: help with "prudent layperson" explanation
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I checked with a staff person at Medicare about this question and got the
following response. I hope it helps and am posting it to the list for others
who have similar questions.

Plain language definition CMS uses:

A medical emergency is when you believe that your health is in serious
danger- when every second counts. You may have a bad injury, sudden illness
or an illness quickly getting much worse.

This comes from Medicare & You 2003, page 47.


Cynthia Baur, Ph.D.
Health Communication and e-Health Advisor
Office of Disease Prevention and Health Promotion
U.S. Department of Health and Human Services
200 Independence Ave., S.W., Rm. 738G
Washington, D.C. 20201
(202) 205-2311 (voice)
cbaur@osophs.dhhs.gov


-----Original Message-----
From: Janet Sorensen [mailto:Jsorensen@afmc.org]
Sent: Monday, April 28, 2003 5:27 PM
To: Multiple recipients of list
Subject: [NIFL-HEALTH:3965] help with "prudent layperson" explanation


I recently changed addresses and have not been reading my list messages, so
forgive me if this has already been covered or if it is an inappropriate
request.
I'm struggling against a deadline to revise our handbook for Medicaid and
CAHPS program recipients. I'm trying to get it down to a fourth- or
fifth-grade reading level whenever possible. But the Centers for Medicare &
Medicaid Services says we must include certain things, such as the "prudent
layperson" definition of an emergency. I might have to include the federal
wording (ugh) but I'd like to put it in quotation marks and then follow it
with some kind of simpler explanation--which of course would have to be
approved by CMS as well. I'm wondering if a simpler explanation already
exists that has already been blessed by CMS. I have had no luck so far
searching on the Web.

Here is the federal definition, just so you'll know what I'm talking about.
I can take a stab at simplifying it but getting it approved will probably be
a challenge.

"The term 'emergency medical condition' means a medical condition
manifesting itself by acute symptoms of sufficient severity (including
severe pain) such that a prudent layperson, who possesses an average
knowledge of health and medicine, could reasonably expect the absence of
immediate medical attention to result in --
(i) placing the health of the individual (or, with respect to a pregnant
woman, the health of the woman and her unborn child) in serious jeopardy,
(ii) serious impairment to bodily functions, or
(iii) serious dysfunction of any bodily organ or part."

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