The Centers for Medicare & Medicaid Services (CMS) has issued a new Quality & Safety Memo affirming the continued right of nursing home residents to exercise their right to vote. Despite the COVID-19 Public Health Emergency causing limitations for visitors, nursing homes must ensure residents can exercise their Constitutional right to vote. States, localities, and nursing home owners and administrators are encouraged to collaborate to ensure a resident's right to vote is not impeded. Nursing homes should have a plan to ensure residents can exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Nursing homes are required to support a resident in the exercise of their right to vote, such as assisting with absentee or mail-in voting, or transporting residents to polling locations or ballot drop-boxes in a safe manner. Nursing homes must ensure residents have the right to receive and send their ballots via the U.S. Postal Service, or other authorized mechanism allowed by the State or locality. Nursing home residents or their representatives who believe their rights under these regulations have been violated can file a complaint with their State Survey Agency. During the Public Health Emergency, CMS is advising against the use of nursing homes as polling locations for the general public.

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