Q&A: Bylaws determine who can vote

Q: With regard to the decision to opt in or out of a unified, integrated medical staff, our bylaws say that only active medical staff members have a vote. Does this mean we need a revision to allow other categories of medical staff to vote as well?

A: No. The CMS final rule is a little confusing on that point, but when you look to the guidance, our interpretation is whoever has voting rights under your bylaws are the ones who can vote to opt in or opt out.

It is fairly common that active staff members are the only ones who can vote. Courtesy staff members, for example, typically do not have voting rights. Under the new CMS standards, telemedicine physicians cannot vote, even if doing so is permitted under the bylaws. But the CMS guidance also acknowledges that this is an important question. Therefore, if you want to revise the process to allow other categories to vote, aside from telemedicine, you are free to do so.

As a general rule, you follow your bylaws and the standard applied to quorums and approving an amendment.

--Michael R. Callahan, Esq., senior partner in the healthcare practice of Katten Muchin Rosenman, LLP, from the webcast Final CMS CoPs: Navigating Revised Medical Staff Standards and New Requirements. To order this presentation on demand, click here.