CMS is providing clarification to Medicare/Medicaid certified long-term care facilities (hereinafter, ‘nursing homes”) of their existing requirement to affirm and support the right of residents to vote. Current regulations related to exercising the right as a citizen of the United States, including voting or use of mail (including use for mail-in or absentee ballots), under Residents’ Rights include (emphasis added):

• §483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
• §483.10(b)(1) The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility.
• §483.10(b)(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart.

Read full QSO memo here.

Questions?

Contact:

Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804