On September 26, 2024, the Centers for Medicare and Medicaid Services (CMS) issued a QSO Memo, “Compliance with Residents’ Rights requirement related to Nursing Home Residents’ Right to Vote.” The Memo reiterates the regulatory expectations that residents of nursing homes have the right to vote without any interference from the facility.
The Memo also reminds nursing home providers that they need to have a plan in place to ensure that residents can vote whether it’s by absentee ballot, in-person voting or other method. Information about state-based programs, such as mobile polling or organizations which assist with activities such as registering residents to vote, is included in the document, however, CMS indicates that such external assistance may not be available. The absence of this additional support does not provide facilities with a pass on assisting residents with voting.
The QSO Memo specifically states that nursing homes are required to help residents exercise their right to vote, whether it is by assisting them with obtaining and mailing absentee or mail-in ballots or facilitating transportation for residents to vote in-person or securely drop off their ballots. If residents are unable to vote in person, the facility must uphold the residents’ right to receive and send their ballots without interference.
There are several regulatory references from SOM Appendix PP related to residents’ rights in the Memo, so if a provider failed to uphold this right, there could be a number of issues. Many facilities have already had their Social Work and/or Therapeutic Recreation staff ensure this process is well underway. The election is around the corner – if you don’t have a plan in place, now is the time to act.
