CMS Proposes Rule Concerning Rights of Same-Sex Couples

On Friday, Dec. 12, 2014, CMS issued a proposed rule entitled:  Medicare and Medicaid Program; Revisions to Certain Patient’s Rights Conditions of Participation and Conditions for Coverage.  The provisions apply to nursing facilities, as well as hospitals, hospices, community mental health centers and ambulatory surgical centers.  The changes are consistent with the Supreme Court decision in United States v. Windsor, 570 U.S.12, 133 S.Ct. 2675 (2013), which found the Defense of Marriage Act unconstitutional.    The proposed changes impact portions of Resident Rights at §483.10 and Preadmission Screening and resident Review (PASSR) Evaluation Criteria at §483.128.   Essentially, the same-sex spouse of a resident must be afforded treatment equal to that afforded to an opposite-sex spouse if the marriage was valid in the jurisdiction in which it took place.  Similarly, in the PASSR regulations, same-sex spouses are recognized and treated as an opposite-sex spouse if the marriage was valid in the jurisdiction in which it took place, relative to participation in the PASSR review.

AHCA will submit comments to CMS on behalf of its members.  If you have comments that you would like to have considered for inclusion in AHCA’s submission, please email to Zach Cattell at zcattell@ihca.org no later than January 25th.  Lyn Bentley at the AHCA is heading up AHCA’s effort on this proposed rule.