CMS proposes CoP changes to recognize same-sex spouses

CMS last week proposed revisions that would add recognition of same-sex spouses to the Conditions of Participation (CoPs) and Conditions for Coverage (CfCs) relevant to patients in hospitals, ambulatory surgical centers, and other healthcare facilities. The changes to definitions and patient’s rights provisions would ensure that same-sex spouses in legally valid marriages are recognized and afforded equal rights in Medicare and Medicaid participating facilities, CMS stated.

Proposed revisions to Hospital CoP § 482.13(a)(1) and § 482.13(b)(2) would add the requirement that the same-sex spouse of a patient must be afforded treatment equal to that afforded to an opposite-sex spouse if the marriage is valid in the jurisdiction in which it was celebrated. The proposed rules include recognition of legally married same-sex spouses as “representatives” who would be notified in advance of furnishing or discontinuing patient care.

Comments must be received by CMS no later than 5 p.m. on February 10, 2015. Commenters should refer to file code CMS–3302–P.

Source: Federal Register/CMS