CMS Alert: New Guidance on Nursing Home Residents’ Voting Rights and Autonomy 

The Centers for Medicare & Medicaid Services recently issued QSSAM-26-04-NH, “Protecting the Voting Rights and Autonomy of Vulnerable Residents in Long-Term Care Facilities.”  

This memo rescinds the 2020 and 2024 CMS voting-related QSO memoranda—QSO-21-02-NH and QSO-24-21-NH—and replaces them with clarified guidance. 

The rescission does not eliminate nursing home residents’ voting rights. The memo also does not create new regulatory requirements or revise the State Operations Manual. Instead, it reinforces facilities’ existing responsibilities to protect resident rights, support lawful participation in elections, and prevent coercion or improper influence. 

Please share this with administrators, social services, activities staff, nursing leadership, and any employees involved in supporting resident voting.