CHA News Article

CMS Proposes Updates to Medicare CoPs to Reflect Same-Sex Spousal Rights

The Centers for Medicare & Medicaid Services has issued the attached proposed rule to revise selected conditions of participation for providers and requirements for long-term care facilities, ensuring that certain requirements are consistent with the Supreme Court decision in United States v. Windsor. The proposed rule would revise regulations by clarifying that where state law or facility policy provides or allows certain rights or privileges to a patient’s opposite-sex spouse under certain provisions, a patient’s same-sex spouse must be afforded equal treatment if the marriage is valid in the jurisdiction in which it was celebrated. Comments on the proposed rule are due Feb. 10, 2015.

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