On September 26, 2024, the Center for Medicare and Medicaid Services released QSO-24-21-NH, Compliance with Residents’ Rights Requirement related to Nursing Home Residents’ Right to Vote. The purpose of the memo is to affirm the regulatory expectation that nursing home residents can exercise their right to vote without interference, coercion, discrimination, or reprisal from the facility.
CMS emphasized current regulations under Residents’ Rights related to exercising the right to vote as a citizen of the United States, including the use of mail for mail-in or absentee ballots, as outlined below:
- §483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
- §483.10(b)(1): The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility.
- §483.10(b)(2): The resident has the right to be supported by the facility in the exercise of his or her rights as required under this subpart.
In addition, CMS highlighted regulations regarding residents’ inability to cast in-person ballots and the use of mail-in ballots. CMS regulations specific to the use of mail, which also apply to voting, include:
- §483.10(g)(7): The facility must protect and facilitate the resident's right to communicate with individuals and entities within and outside of the facility, including reasonable access to:
- (i) A telephone, including TTY and TDD services;
- (ii) The internet, to the extent available to the facility; and
- (iii) Stationery, postage, writing implements, and the ability to send mail.
- §483.10(h)(2): The facility must respect the resident’s right to personal privacy, including the right to privacy in his or her oral (i.e., spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages, and materials delivered to the facility for the resident, including those delivered through means other than a postal service.
- “Promptly” means delivery of mail or other materials to the resident within 24 hours of delivery by the postal service (including a post office box) and delivery of outgoing mail to the postal service within 24 hours, except when there is no regularly scheduled postal delivery and pick-up service.