CMS Proposes Revisions to Medicare and Medicaid Conditions of Participation for Same-Sex Spouses - McDermott+Consulting

CMS Proposes Revisions to Medicare and Medicaid Conditions of Participation for Same-Sex Spouses

The Centers for Medicare and Medicaid Services (CMS) has proposed a new rule in today’s Federal Register revising the Medicare conditions of participation for hospitals and long-term care hospitals to provide that same-sex spouses in legally valid marriages are recognized and afforded equal rights in the Medicare and Medicaid participating facilities.

The Centers for Medicare and Medicaid Services (CMS) has proposed a new rule in today’s Federal Register revising the Medicare conditions of participation for hospitals and long-term care hospitals to provide that same-sex spouses in legally valid marriages are recognized and afforded equal rights in the Medicare and Medicaid participating facilities.

CMS believes this change is necessary in light of last year’s Supreme Court decision is US v. Windsor.  The changes are subject to comment through February 10, 2015.

View the proposed rule in the Federal Register Notice here.

For more background see the CMS fact sheet here.