The Centers for Medicare and Medicaid Services (CMS) has proposed a regulatory change to ensure that legally married same-sex spouses are afforded the same rights as opposite-sex spouses in Medicare and Medicaid participating facilities, regardless of whether the state where the facility is located recognizes same-sex marriages.
The new rule would apply to long-term care facilities as well as hospices, hospitals, ambulatory surgical centers and other providers. Drafted in response to the U.S. Supreme Court’s ruling in United States v. Windsor, 570 U.S.12, 133 S.Ct. 2675 (2013), it would condition a facility’s participation in Medicare and Medicaid on the recognition of any same-sex marriage that was valid in the jurisdiction in which it was celebrated, without regard to whether the marriage is also recognized in the state of residence or the jurisdiction in which the health care provider or supplier is located.
The proposed rule was published in the December 12, 2014, Federal Register. Comments may be submitted through February 10, 2015.
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