Critical Access Hospitals – CMS Definitions of Spouse and Marriage
Question:
Can you supply CMS definitions for spouse, marriage and family?
Answer:
The definitions for spouse, marriage, family and relative can be in the State Operations Manual Appendix W – Survey Protocol, Regulations and Interpretive Guidelines for Critical Access Hospitals (CAHs) and Swing-Beds in CAHs.
Definitions per CMS are:
Spouse – means an individual who is married to another individual as a result of marriage lawful where it was entered into, including a lawful same-sex marriage, regardless of whether the jurisdiction where the hospital is located, or in which the spouse lives, permits such marriages to occur or recognizes such marriages.
Marriage – means a marriage lawful where it was entered into, including a lawful same-sex marriage, regardless of whether the jurisdiction where the hospital is located, or in which the spouse lives, permits such marriages to occur or recognizes such marriages
Family includes, but is not limited to, an individual’s spouse
Relative when used as a noun, includes, but is not limited to, an individual’s spouse.
CMS goes on to state that except where CMS regulations explicitly require an interpretation in accordance with State law, wherever the text of a regulation or associated guidance uses the above terms or includes a reference to a patient’s “representative,” “surrogate,” “support person,” “next-of-kin,” or similar term in such a manner as would normally implicitly or explicitly include a spouse, the terms are to be interpreted consistent with the guidance above.
A critical access hospital (CAH) is expected to recognize all state-sanctioned marriages and spouses for purposes of compliance with the Conditions of Participation, regardless of any laws to the contrary of the state or locality where the CAH is located.
Related Products from MCN:
Administrative Manual for Critical Access Hospitals
MCN HEALTHCARE
Regulatory Compliance Solutions for Healthcare Organizations,
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StayAlert! – Regulatory Alert System, and Learning Management System