On Thursday, the U.S. Department of Health and Human Services proposed new regulations that would require hospitals that accept Medicare or Medicaid to recognize same-sex spouses as a condition for participation.
The proposal, released by the Centers for Medicare & Medicaid Services, would change the interpretation of terms like “spouse” and “representative” to include gay and lesbian couples. If finalized, this would allow same-sex spouse to have visitation and decision-making rights, and it would apply to hospitals, long-term care facilities, ambulatory surgical centers, hospice providers and community mental health centers.
“Our goal is to provide equal treatment to spouses, regardless of their sex, whenever the marriage was valid in the jurisdiction in which it was entered into, without regard to whether the marriage is also recognized in the state of residence or the jurisdiction in which the healthcare provider or supplier is located,” the regulation stated.
With the Rise of AI, What IP Disputes in Healthcare Are Likely to Emerge?
Munck Wilson Mandala Partner Greg Howison shared his perspective on some of the legal ramifications around AI, IP, connected devices and the data they generate, in response to emailed questions.
The agency said the action is in response to the June 2013 U.S. Supreme Court ruling in United States v. Windsor, which held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. The rule is scheduled to appear in the Dec. 12 Federal Register and comments are due Feb. 10.
