Reminder: Long-Term Care Facility Residents Have Right to Receive Voting Assistance

A recent decision by a federal court in Ohio reaffirmed the right of people with disabilities – including those in assisted living communities and skilled nursing facilities – to receive assistance with voting. As the November election nears, it is important for facilities to have a plan in place to ensure residents can exercise their right to vote, whether in-person, by mail, absentee or other authorized process. Per CMS regulations, if a state has specific programs to enable nursing facility residents to vote, the facility should coordinate and engage with those programs, as appropriate.

A resident’s right to vote is protected in the following regulations:

• §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 free of interference, coercion, discrimination and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart.

Questions? Contact HCAM’s Rich Farran.