CMS Releases Proposed Rule that will Affect Hospices
Proposed rule will ensure CMS recognizes same-sex marriages for Conditions for Coverage and Conditions for Participation in Medicare and Medicaid
The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule [CMS-3302-P] to revise selected Conditions of Participation (CoPs) for providers, Conditions for Coverage (CfCs) for suppliers, and requirements for long-term care facilities, to ensure that certain requirements are consistent with the Supreme Court decision in United States v. Windsor, 570 U.S. 12, 133 S.Ct. 2675 (2013), and U.S. Health and Human Services policy. This Supreme Court decision is related to the Defense of Marriage Act.
This proposed rule addresses certain regulations governing Medicare and Medicaid participating providers and suppliers where current regulations look to state law in a matter that implicates - or may implicate - a marital relationship. CMS’ goal is to provide equal treatment to spouses, regardless of their sex, whenever the marriage was valid in the jurisdiction in which it was entered into, 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, and where the Medicare program explicitly or impliedly provides for specific treatment of spouses.