CMS Proposes Rule to Extend Hospital Visitation Rights to Same-Sex Couples - June 30, 2010

The Centers for Medicare and Medicaid Services (CMS) issued a proposed rule on June 23 that would require hospitals to have written policies and procedures to extend visitation rights to same-sex couples. In addition to sexual orientation, under the proposed rule, hospitals could not restrict or deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, or disability and must ensure that all visitors designated by the patient or their representative enjoy visitation privileges equal to those for immediate family members. Hospitals would also have to inform patients or their representatives of the visitation rights and any clinical restrictions on those rights. CMS is accepting comments on the proposed rule through August 27, and the final rule is expected to be issued this fall.