CMS Issues Proposed Rule Related to Resident Rights

On Friday, December 12, 2014, the Centers for Medicare and Medicaid Services (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 of the rule apply to:

  • Ambulatory Surgical Centers
  • Hospices
  • Hospitals
  • Long-Term Care Facilities (SNFs and NFs)
  • Community Mental Health 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 was celebrated. 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 was celebrated, relative to participation in the PASSR review.

Comments are due by 5 p.m. on February 10, 2015. The American Health Care Association (AHCA) will submit comments.  Members who have comments to be considered for inclusion in AHCA’s comments, please send them to Lyn Bentley no later than January 27, 2015.