Same-sex Long-Term Care Facilities Rule Being Withdrawn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.


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.