October 04, 2024

BY Jodi Eyigor

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CMS's September 26 memo covers requirements to honor residents' rights to vote.

The Centers for Medicare & Medicaid Services (CMS) released a memo on September 26 reminding providers of their obligations in ensuring residents' rights to vote. The requirements fall under the Resident Rights section of the Requirements of Participation and are interpreted to apply to residents' rights to vote, to register to vote, and to have access to related resources.

For example, under §483.10(b), residents have the right to exercise their rights as citizens or residents of the United States and to be supported by the nursing home in exercising their rights. This would include the right to vote and register to vote. Nursing home support for exercising these rights would include helping to arrange transportation to polling places or ballot drop-boxes or arranging for mobile polling and other services to be provided in the nursing home.

Under §483.10(g), residents have the right to communicate with individuals and entities external to the nursing home, including through mail, and to have access to resources to do so, relating in this situation to receiving voter registration cards, mail-in ballots or absentee ballots, and election information. The resident's right to send and promptly receive mail, including ballots and voter registration materials, is protected under §483.10(h).

Review the CMS memo for more information on these and other ways nursing homes can support residents' rights to participate in upcoming elections. LeadingAge members may also find these Election 2024 Resources, curated by LeadingAge, helpful for exploring options to ensure older adults and persons with disabilities can register to vote and have access to their polling places.