On June 3, 2008 Bricker & Eckler LLP issued an E-Mail Alert announcing that CMS had apparently banned the use of physician signature stamps. However, at the time of CMS' publication of Medicare Transmittal 248, there was some confusion in the industry as to whether CMS actually intended the prohibition on signature stamps to broadly apply to all medical records, or whether the prohibition only applied in the context of certifying terminal illness for hospice. CMS has eliminated any confusion that may have been caused by its previous publication by issuing a clarification stating that "stamped signatures are not acceptable on any medical record. Medicare will accept hand-written, electronic signatures or facsimiles of original written or electronic signatures." We believe hospitals and physicians should cease the use of signature stamps in all circumstances. Hospitals should educate members of their medical staff about CMS' position, as it applies to both physicians' hospital-based practices and their office-based practices. Bricker & Eckler LLP will continue to keep you informed of any further developments with regard to the use of signature stamps.