CMS has issues a proposed rule (CMS-3302-P) to revise Conditions of Participation (CoPs) for providers, Conditions for Coverage (CfCs) for suppliers, and requirements for long term care facilities. The proposed rule is 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.
The new 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 hopes to “provide equal treatment to spouses, regardless of 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.”
CMS is accepting comments on the proposal until February 10, 2015.
Click here to see the proposed rule.
Click here to see the Fact Sheet.
Click here to read more from NAHC.