Same-sex Long-Term Care Facilities Rule Being Withdrawn

Updated: Oct 13, 2020


Center for Medicare & Medicaid Services (CMS) within Health & Human Services (HHS) put out a notice to withdraw an Obama-era proposed rule on the treatment of same-sex couples in long-term care facilities.

Why?

Our understanding is that because it was proposed in 2014 and never finalized, the SCOTUS ruling in Obergefell addresses the core components and the withdrawal is not a significant and discriminatory action. It is also our understanding that the vast majority of long-term care facilities are already covered under Section 1557 which provides protections for LGBT people, married or not.