Distinguished Professor of Law Nina Kohn spoke with the 19th about the voting rights of nursing home residents in reaction to the Centers for Medicare and Medicaid Services memo that rescinded previous guidance affirming that nursing home residents have the right to vote.
“The memo does not alter the underlying law. Nursing homes are governed by the Nursing Home Reform Act of 1987 and its implementing regulations,” said Kohn. “That law still requires facilities to support their residents in exercising their rights as Americans.”
Kohn is concerned about the chilling effect that it may have on residents’ rights. “The language in the memo itself is intimidating, and it may understandably make staff think that they could face criminal prosecution or be in some other form of legal trouble if they help residents vote,” Kohn said.