CMS Issues Final Rule Extending Hospital Visitation Rights to Same-Sex Couples - November 30, 2010

The federal Centers for Medicare & Medicaid Services (CMS) on Nov. 19 issued its final rule requiring hospitals that receive Medicare and Medicaid funding to have written policies and procedures extending visitation rights to same-sex couples. In addition to sexual orientation, hospitals may not restrict or deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity or disability, and hospitals must ensure all visitors designated by the patient or their representative enjoy visitation privileges equal to those for immediate family members. Hospitals must also inform patients or their representatives of visitation rights and any clinical restrictions on those rights. Hospitals have until Jan. 18, 2011, to develop policies that are compliant with the rule.