The Department of Health and Human Services (HHS) on Thursday
issued a memo clarifying that gay spouses have equal access to
skilled nursing facilities through Medicare Advantage.
The policy change comes two months after the Supreme Court struck
down the Defense of Marriage Act (DOMA), which prohibited federal
agencies from recognizing the legal marriages of gay and lesbian
couples.
“HHS is working swiftly to implement the Supreme Court's
decision and maximize federal recognition of same-sex spouses in HHS
programs,” HHS Secretary Kathleen Sebelius said in a statement.
“Today's announcement is the first of many steps that we will be
taking over the coming months to clarify the effects of the Supreme
Court's decision and to ensure that gay and lesbian married couples
are treated equally under the law.”
As of Thursday, private companies that contract with Medicare to
cover services offered in a skilled nursing facility must provide
equal coverage to all legally married couples, regardless of
whether the state that they live in allows gay couples to marry.
“Today, Medicare is ensuring that all beneficiaries will have
equal access to coverage in a nursing home where their spouse lives,
regardless of their sexual orientation,” said Center for Medicare &
Medicaid Services (CMS) Administrator Marilyn Tavenner. “Prior to
this, a beneficiary in a same-sex marriage enrolled in a Medicare
Advantage plan did not have equal access to such coverage and, as a
result, could have faced time away from his or her spouse or higher
costs because of the way that marriage was defined for this purpose.”