CMS Says NFs May Refuse to Admit Convicted Sex Offenders

VHCA (9/28/2007)

In response to a question from the Department of Medical Assistance Services, the Centers for Medicare and Medicaid (CMS) clarified that nursing facilities may refuse to admit convicted sex offenders.  CMS cited 42 CFR 431.51 which states that recipients may choose services of any provider "willing to furnish them to that particular recipient."  The letter also cites Section 1902(a)(23) of the Social Security Act that permits Medicaid recipients free choice of providers "willing to furnish them to that particular recipient." The CMS letter goes on to state, "Providers may choose not to provide services to any Medicaid recipient as long as no civil rights laws are violated."

To read the CMS letter, go to the VHCA website.