Tuesday, December 16, 2014

CMS issues proposed rule related to resident rights

Lyn Bentley


On Friday, December 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 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. AHCA will submit comments. If you have comments that you would like to be considered for inclusion in AHCA’s comments, please send them to Lyn Bentley no later than January 27, 2015.

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