One-year after the Supreme Court’s landmark decision in United States v. Windsor (133 S.Ct. 2675 (2013)), the Centers for Medicare and Medicaid Services (“CMS”) continues to release guidance on same-sex marriages and Medicare and Medicaid.  CMS recently issued a letter to state Medicaid Directors with guidance on the implication of the decision for Medicaid populations.

The guidance gives states the discretion to apply either the IRS’ marriage recognition policy, which recognizes any marriage that is valid in the jurisdiction of celebration, or the state’s own marriage recognition law when determining whether a couple is lawfully married for purposes of Medicaid eligibility.

Source: National Senior Citizens Law Center (“NSCLC”)

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