80_FR_8005 80 FR 7975 - Announcement of Ruling: Implementing United States v. Windsor for Purposes of Entitlement and Enrollment in Medicare Hospital Insurance and Supplementary Medical Insurance

80 FR 7975 - Announcement of Ruling: Implementing United States v. Windsor for Purposes of Entitlement and Enrollment in Medicare Hospital Insurance and Supplementary Medical Insurance

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 80, Issue 30 (February 13, 2015)

Page Range7975-7977
FR Document2015-03069

This document announces a CMS Ruling that states the CMS policies for implementing United States v. Windsor (``Windsor''), in which the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), enacted in 1996, is unconstitutional. Section 3 of DOMA defined ``marriage'' and ``spouse'' as excluding same-sex marriages and same-sex spouses, and effectively precluded the Federal government from recognizing same-sex marriages and spouses.

Federal Register, Volume 80 Issue 30 (Friday, February 13, 2015)
[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Rules and Regulations]
[Pages 7975-7977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03069]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 406, 407, and 408

[CMS-4176-NR]


Announcement of Ruling: Implementing United States v. Windsor for 
Purposes of Entitlement and Enrollment in Medicare Hospital Insurance 
and Supplementary Medical Insurance

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice of CMS ruling.

-----------------------------------------------------------------------

SUMMARY: This document announces a CMS Ruling that states the CMS 
policies for implementing United States v. Windsor (``Windsor''), in 
which the Supreme Court held that section 3 of the Defense of Marriage 
Act (DOMA), enacted in 1996, is unconstitutional. Section 3 of DOMA 
defined ``marriage'' and ``spouse'' as excluding same-sex marriages and 
same-sex spouses, and effectively precluded the Federal government from 
recognizing same-sex marriages and spouses.

DATES: The CMS ruling announced in this document is applicable 
beginning February 9, 2015, with respect to appeals pending on, 
initiated, or reopened in accordance with applicable rules after 
February 9, 2015, for entitlement and enrollment determinations made on 
or after June 26, 2013. This ruling does not apply to appeals of 
entitlement and enrollment determinations made before June 26, 2013.

FOR FURTHER INFORMATION CONTACT: Patty Helphenstine (410) 786-0622.

SUPPLEMENTARY INFORMATION: In ``Windsor,'' (570 U.S. 12, 133 S. Ct. 
2675 (2013), the Supreme Court held that section 3 of the Defense of 
Marriage Act (DOMA), enacted in 1996 (codified at 1 U.S.C. 7), is 
unconstitutional.
    The CMS Administrator signed Ruling CMS-4176-R on February 9, 2015. 
This CMS Ruling, as well as other CMS Rulings are available at http://www.cms.gov/Regulations-and-Guidance/Guidance/Rulings/index.html. For 
the readers' convenience, the text of the CMS Ruling 4176-R is set 
forth in the Appendix to this notice of CMS ruling.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: February 9, 2015.
Marilyn Tavenner,
Administrator, Centers for Medicare & Medicaid Services.

APPENDIX

CMS Rulings

Department of Health and Human Services

Centers for Medicare & Medicaid Services

Ruling No.: CMS-4176-R
Date: February 9, 2015
    Centers for Medicare & Medicaid Services (CMS) Rulings are 
decisions of the Administrator of CMS that serve as precedential final 
opinions, orders and statements of policy and interpretation. They 
provide clarification and interpretation of complex provisions of the 
law or regulations relating to Medicare, Medicaid, Utilization and 
Quality Control Peer Review, private health insurance, and related 
matters. They are published under the authority of the Administrator.
    CMS Rulings are binding on all CMS components, Part A and Part B 
Medicare Administrative Contractors (MACs), Qualified Independent 
Contractors (QICs), the Provider Reimbursement Review Board, the 
Medicare Geographic Classification Review Board, and on the Medicare 
Appeals Council and Administrative Law Judges (ALJs) who hear Medicare 
appeals. Rulings promote consistency in interpretation of policy and 
adjudication of disputes.
    This Ruling states the CMS policies for implementing United States 
v. Windsor, 570 U.S. 12, 133 S. Ct. 2675 (2013) (``Windsor''), in which 
the Supreme Court held that section 3 of the Defense of Marriage Act 
(DOMA), enacted in 1996 (codified at 1 U.S.C. 7), is unconstitutional. 
Section 3 of DOMA defined ``marriage'' and ``spouse'' as excluding 
same-sex marriages and same-sex spouses, and effectively precluded the 
Federal government from recognizing same-sex marriages and spouses.

MEDICARE PROGRAM

    Entitlement and Enrollment in Medicare Hospital Insurance (Part A) 
and Medicare Supplementary Medical Insurance (Part B)
    CITATIONS: Sections 216(h), 226, 226A, 1818(c)-(d), 1837(i) and 
1839 of the Social Security Act (42 U.S.C. Sections 416, 426, 426-1, 
1395i-2, 1395p and 1395r); 42 CFR 406.5, 406.10, 406.13, 406.24, 
406.32(c)-(d), 406.33, 406.34, 407.20, 407.22(a)(5), 407.25(c), 
407.27(b), 408.22 and 408.24.

[[Page 7976]]

BACKGROUND

    Section 3 of the Defense of Marriage Act (DOMA), enacted in 1996 
(codified at 1 U.S.C. 7), defined ``marriage'' and ``spouse'' as 
follows: ``The word `marriage' means only a legal union between one man 
and one woman as husband and wife, and the word `spouse' refers only to 
a person of the opposite sex who is a husband or a wife.'' However, in 
June 2013, the United States Supreme Court ruled that Section 3 of DOMA 
is unconstitutional. United States v. Windsor, 570 U.S. 12, 133 S. Ct. 
2675 (2013) (``Windsor''). After the Supreme Court's opinion in 
Windsor, section 3 of DOMA no longer prohibits the Federal government 
from recognizing same-sex marriages when administering Federal statutes 
and programs and no longer controls the definition and recognition of a 
marital relationship in that context.
    Marital status is relevant to certain Medicare entitlements, 
premiums, benefits, and enrollment provisions. This Ruling provides 
binding CMS policy for the application of these provisions in the 
context of a same-sex marriage.

RULING

    This Ruling states the CMS policies for implementing United States 
v. Windsor, 570 U.S. 12, 133 S. Ct. 2675 (2013) for purposes of certain 
entitlement, eligibility and enrollment provisions for Medicare. Note 
that the rules for recognizing a same-sex marriage (and treatment of a 
same-sex relationship that is not a marriage) for purposes of 
eligibility and entitlement controlled by Title II of the Social 
Security Act (the Act) are different than the rules for recognizing a 
same-sex marriage (and treatment of a same-sex relationship that is not 
a marriage) for benefits provided under Title XVIII of the Act.

POLICY

    Because section 3 of DOMA is unconstitutional, it no longer defines 
or controls the recognition of a marital relationship by the Federal 
government. In the absence of controlling law to the contrary, the 
Department of Health and Human Services (HHS) has adopted a policy of 
treating same-sex marriages on the same terms as opposite-sex marriages 
to the greatest extent reasonably possible and of recognizing marriages 
between individuals of the same sex who were lawfully married under the 
law of the state, territory, or foreign jurisdiction where the marriage 
was entered into (``celebration rule''), regardless of where the couple 
resides. As a general matter, for determinations made solely under 
Title II of the Act, we note that rules applicable specifically to 
Title II of the Act apply. In addition, for determinations made under 
Title XVIII, we note that rules applicable specifically to Title XVIII 
of the Act apply.

Title II Provisions

    Title II determinations within the scope of this Ruling are 
eligibility for Medicare based on age or end-stage renal disease under 
sections 226 and 226A of the Act. Section 216 of the Act explicitly 
provides the definitions of terms describing the marital relationship 
and directs recognition and deeming of marital relationships for all of 
Title II of the Act. As a result, section 216 of the Act is the 
controlling provision in determining family and marital status for 
purposes of eligibility for Medicare when eligibility is based on a 
provision under Title II of the Act. Section 216(h)(1)(A)(i) explicitly 
controls recognition of a marriage:
    An applicant is the wife, husband, widow, or widower of a fully or 
currently insured individual for purposes of this subchapter if the 
courts of the State in which such insured individual is domiciled at 
the time such applicant files an application, or, if such insured 
individual is dead, the courts of the State in which he was domiciled 
at the time of death, or, if such insured individual is or was not so 
domiciled in any State, the courts of the District of Columbia, would 
find that such applicant and such insured individual were validly 
married at the time such applicant files such application or, if such 
insured individual is dead, at the time he died.

The Social Security Administration (SSA) has issued policies 
interpreting and implementing section 216 of the Act in the context of 
same-sex marriages and other relationships. Generally, such policies 
look to the law of the domicile of the social security number holder to 
determine whether to recognize a marriage. Such interpretations of 
section 216(h) are applicable for purposes of entitlement and 
eligibility determinations under sections 226 and 226A. The SSA has 
interpreted and directed the application of section 216(h) in the 
following Program Operations Manual System (POMS) sections issued by 
SSA:
     GN 00210.002: Same-Sex Marriage--Determining Marital 
Status for Title II and Medicare Benefits.
     GN 00210.003: Same-Sex Marriage--Dates States Permitted or 
Recognized Same-Sex Marriage.
     GN 00210.004: Non-Marital Relationships (Such as Civil 
Unions and Domestic Partnerships).
     GN 00210.006: Same-Sex Marriages Celebrated in Foreign 
Jurisdictions.
    CMS follows SSA interpretations on the application of section 
216(h) to same sex marriages and same sex spouses for purposes of Title 
II. CMS policy illustrating the application of these policies to 
determinations made under sections 226 and 226A is articulated in the 
following POMS sections issued by SSA:
    Entitlement under section 226 and 42 CFR 406.5 and 406.10:
     GN 00210.100: Same-Sex Marriage and Non-Marital Legal 
Relationships--Benefits for Aged Spouses.
     GN 00210.400: Same-Sex Marriage--Benefits for Surviving 
Spouses.
    Entitlement under section 226A and 42 CFR 406.5 and 406.13:
     GN 00210.705: Same-Sex Marriage--Medicare Based on End-
Stage Renal Disease (ESRD).

Title XVIII Provisions

    There are no controlling provisions in Title XVIII of the Act or 
regulations implementing the Title XVIII provisions within the scope of 
this Ruling that define or direct recognition or deeming of marital 
relationships. Therefore, CMS has adopted a policy of interpreting 
sections 1818(d), 1837(i) and 1839 of the Act in a manner that treats 
same-sex marriages on the same terms as opposite-sex marriages to the 
greatest extent reasonably possible and uses a celebration rule where 
possible. ``Celebration rule'' means that a same-sex marriage is 
recognized and treated as a lawful marriage (where marital status is 
relevant to a determination of entitlement) if the same-sex marriage 
was lawful where and when it occurred. Individuals in non-marital same-
sex relationships (such as domestic partnerships or civil unions that 
are not marriages) are not considered married.
    The SSA processes applications and initial eligibility 
determinations under these statutes by applying CMS policy. CMS policy 
for the implementation of Windsor in the context of these Title XVIII 
provisions is articulated in the POMS sections issued by the SSA as 
follows:
    Calculation of hospital insurance (Part A) premium under section 
1818(d) and 42 CFR 406.32(c):
     GN 00210.706: Same-Sex Marriage--HI Premium Reduction for 
Aged and Disabled Individuals.
    Eligibility for a special enrollment period based on enrollment in 
a group health plan by reason of a spouse's

[[Page 7977]]

current employment under sections 1818(c) and 1837(i) and 42 CFR 
406.24, 407.20, 407.22, 407.25, and 407.27:
     GN 00210.700: Same-Sex Marriage--Eligibility for Medicare 
Special Enrollment Period (SEP).
    Calculation of late enrollment penalty for premium hospital 
insurance (Premium Part A) and supplemental medical insurance (Part B) 
under section 1818(c) and 1839 and 42 CFR 406.32(d), 406.33, 406.34, 
408.22, and 408.24:
     GN 00210.701: Same-Sex Marriage--Premium Surcharge 
Rollback.

EFFECTIVE DATE

    This Ruling is effective on February 9, 2015, with respect to 
appeals on, initiated, or reopened in accordance with applicable rules 
after February 9, 2015, for entitlement and enrollment determinations 
made on or after June 26, 2013. This ruling does not apply to appeals 
of entitlement and enrollment determinations made before June 26, 2013.
    Dated: February 9, 2015
-----------------------------------------------------------------------
Marilyn Tavenner,
Administrator, Centers for Medicare & Medicaid Services.

[FR Doc. 2015-03069 Filed 2-12-15; 8:45 am]
BILLING CODE 4120-01-P



                                                               Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations                                              7975

                                             described under Title II of the Unfunded                DEPARTMENT OF HEALTH AND                               Dated: February 9, 2015.
                                             Mandates Reform Act (UMRA) (2 U.S.C.                    HUMAN SERVICES                                        Marilyn Tavenner,
                                             1501 et seq.).                                                                                                Administrator, Centers for Medicare &
                                                                                                     Centers for Medicare & Medicaid                       Medicaid Services.
                                               This action does not involve any
                                                                                                     Services
                                             technical standards that would require                                                                        APPENDIX
                                             Agency consideration of voluntary                       42 CFR Parts 406, 407, and 408                        CMS Rulings
                                             consensus standards pursuant to section
                                             12(d) of the National Technology                        [CMS–4176–NR]                                         Department of Health and Human
                                             Transfer and Advancement Act                                                                                  Services
                                                                                                     Announcement of Ruling:
                                             (NTTAA) (15 U.S.C. 272 note).                                                                                 Centers for Medicare & Medicaid
                                                                                                     Implementing United States v. Windsor
                                                                                                     for Purposes of Entitlement and                       Services
                                             VII. Congressional Review Act
                                                                                                     Enrollment in Medicare Hospital                       Ruling No.: CMS–4176–R
                                               Pursuant to the Congressional Review                  Insurance and Supplementary Medical
                                             Act (5 U.S.C. 801 et seq.), EPA will                                                                          Date: February 9, 2015
                                                                                                     Insurance
                                             submit a report containing this rule and                                                                         Centers for Medicare & Medicaid
                                             other required information to the U.S.                  AGENCY: Centers for Medicare &                        Services (CMS) Rulings are decisions of
                                             Senate, the U.S. House of                               Medicaid Services (CMS), HHS.                         the Administrator of CMS that serve as
                                             Representatives, and the Comptroller                    ACTION: Notice of CMS ruling.                         precedential final opinions, orders and
                                             General of the United States prior to                                                                         statements of policy and interpretation.
                                                                                                     SUMMARY:   This document announces a
                                             publication of the rule in the Federal                                                                        They provide clarification and
                                                                                                     CMS Ruling that states the CMS policies
                                             Register. This action is not a ‘‘major                                                                        interpretation of complex provisions of
                                                                                                     for implementing United States v.
                                             rule’’ as defined by 5 U.S.C. 804(2).                                                                         the law or regulations relating to
                                                                                                     Windsor (‘‘Windsor’’), in which the
                                                                                                                                                           Medicare, Medicaid, Utilization and
                                             List of Subjects in 40 CFR Part 180                     Supreme Court held that section 3 of the
                                                                                                                                                           Quality Control Peer Review, private
                                                                                                     Defense of Marriage Act (DOMA),
                                                                                                                                                           health insurance, and related matters.
                                               Environmental protection,                             enacted in 1996, is unconstitutional.
                                                                                                                                                           They are published under the authority
                                             Administrative practice and procedure,                  Section 3 of DOMA defined ‘‘marriage’’
                                                                                                                                                           of the Administrator.
                                             Agricultural commodities, Pesticides                    and ‘‘spouse’’ as excluding same-sex
                                                                                                                                                              CMS Rulings are binding on all CMS
                                             and pests, Reporting and recordkeeping                  marriages and same-sex spouses, and
                                                                                                                                                           components, Part A and Part B Medicare
                                             requirements.                                           effectively precluded the Federal
                                                                                                                                                           Administrative Contractors (MACs),
                                                                                                     government from recognizing same-sex
                                               Dated: February 6, 2015.                                                                                    Qualified Independent Contractors
                                                                                                     marriages and spouses.
                                             Daniel J. Rosenblatt,                                                                                         (QICs), the Provider Reimbursement
                                                                                                     DATES: The CMS ruling announced in                    Review Board, the Medicare Geographic
                                             Director, Registration Division, Office of              this document is applicable beginning
                                             Pesticide Programs.                                                                                           Classification Review Board, and on the
                                                                                                     February 9, 2015, with respect to                     Medicare Appeals Council and
                                               Therefore, 40 CFR chapter I is                        appeals pending on, initiated, or                     Administrative Law Judges (ALJs) who
                                             amended as follows:                                     reopened in accordance with applicable                hear Medicare appeals. Rulings promote
                                                                                                     rules after February 9, 2015, for                     consistency in interpretation of policy
                                             PART 180—AMENDED                                        entitlement and enrollment                            and adjudication of disputes.
                                                                                                     determinations made on or after June                     This Ruling states the CMS policies
                                             ■ 1. The authority citation for part 180                26, 2013. This ruling does not apply to               for implementing United States v.
                                             continues to read as follows:                           appeals of entitlement and enrollment                 Windsor, 570 U.S. 12, 133 S. Ct. 2675
                                                                                                     determinations made before June 26,                   (2013) (‘‘Windsor’’), in which the
                                                 Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                     2013.                                                 Supreme Court held that section 3 of the
                                             ■ 2. In § 180.518, alphabetically add the               FOR FURTHER INFORMATION CONTACT:                      Defense of Marriage Act (DOMA),
                                             commodity ‘‘Pomegranate’’ to the table                  Patty Helphenstine (410) 786–0622.                    enacted in 1996 (codified at 1 U.S.C. 7),
                                             in paragraph (a)(1) to read as follows:                 SUPPLEMENTARY INFORMATION:      In                    is unconstitutional. Section 3 of DOMA
                                                                                                     ‘‘Windsor,’’ (570 U.S. 12, 133 S. Ct. 2675            defined ‘‘marriage’’ and ‘‘spouse’’ as
                                             § 180.518 Pyrimethanil; tolerance for                                                                         excluding same-sex marriages and same-
                                             residues.
                                                                                                     (2013), the Supreme Court held that
                                                                                                     section 3 of the Defense of Marriage Act              sex spouses, and effectively precluded
                                                (a) * * *                                            (DOMA), enacted in 1996 (codified at 1                the Federal government from
                                                (1) * * *                                            U.S.C. 7), is unconstitutional.                       recognizing same-sex marriages and
                                                                                                       The CMS Administrator signed Ruling                 spouses.
                                                                                        Parts per    CMS–4176–R     on February 9, 2015. This              MEDICARE PROGRAM
                                                        Commodity                                    CMS Ruling, as well as other CMS
                                                                                         million
                                                                                                     Rulings are available at http://                        Entitlement and Enrollment in
                                                                                                     www.cms.gov/Regulations-and-                          Medicare Hospital Insurance (Part A)
                                                 *        *           *               *        *     Guidance/Guidance/Rulings/                            and Medicare Supplementary Medical
                                             Pomegranate ..............................          5.0 index.html. For the readers’                          Insurance (Part B)
                                                                                                     convenience, the text of the CMS Ruling                 CITATIONS: Sections 216(h), 226,
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                                                 *        *           *               *        *     4176–R is set forth in the Appendix to                226A, 1818(c)–(d), 1837(i) and 1839 of
                                                                                                     this notice of CMS ruling.                            the Social Security Act (42 U.S.C.
                                             *      *    *      *         *                                                                                Sections 416, 426, 426–1, 1395i–2,
                                                                                                     (Catalog of Federal Domestic Assistance
                                             [FR Doc. 2015–02949 Filed 2–12–15; 8:45 am]                                                                   1395p and 1395r); 42 CFR 406.5, 406.10,
                                                                                                     Program No. 93.773, Medicare—Hospital
                                             BILLING CODE 6560–50–P                                  Insurance; and Program No. 93.774,                    406.13, 406.24, 406.32(c)–(d), 406.33,
                                                                                                     Medicare—Supplementary Medical                        406.34, 407.20, 407.22(a)(5), 407.25(c),
                                                                                                     Insurance Program)                                    407.27(b), 408.22 and 408.24.


                                        VerDate Sep<11>2014   11:18 Feb 12, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\13FER1.SGM   13FER1


                                             7976              Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations

                                             BACKGROUND                                              As a general matter, for determinations                  • GN 00210.004: Non-Marital
                                                Section 3 of the Defense of Marriage                 made solely under Title II of the Act, we             Relationships (Such as Civil Unions and
                                             Act (DOMA), enacted in 1996 (codified                   note that rules applicable specifically to            Domestic Partnerships).
                                                                                                     Title II of the Act apply. In addition, for              • GN 00210.006: Same-Sex Marriages
                                             at 1 U.S.C. 7), defined ‘‘marriage’’ and
                                                                                                     determinations made under Title XVIII,                Celebrated in Foreign Jurisdictions.
                                             ‘‘spouse’’ as follows: ‘‘The word
                                                                                                     we note that rules applicable                            CMS follows SSA interpretations on
                                             ‘marriage’ means only a legal union
                                                                                                     specifically to Title XVIII of the Act                the application of section 216(h) to same
                                             between one man and one woman as
                                                                                                     apply.                                                sex marriages and same sex spouses for
                                             husband and wife, and the word
                                                                                                                                                           purposes of Title II. CMS policy
                                             ‘spouse’ refers only to a person of the                 Title II Provisions                                   illustrating the application of these
                                             opposite sex who is a husband or a
                                                                                                       Title II determinations within the                  policies to determinations made under
                                             wife.’’ However, in June 2013, the
                                                                                                     scope of this Ruling are eligibility for              sections 226 and 226A is articulated in
                                             United States Supreme Court ruled that
                                                                                                     Medicare based on age or end-stage                    the following POMS sections issued by
                                             Section 3 of DOMA is unconstitutional.
                                                                                                     renal disease under sections 226 and                  SSA:
                                             United States v. Windsor, 570 U.S. 12,                                                                           Entitlement under section 226 and 42
                                                                                                     226A of the Act. Section 216 of the Act
                                             133 S. Ct. 2675 (2013) (‘‘Windsor’’).                                                                         CFR 406.5 and 406.10:
                                                                                                     explicitly provides the definitions of
                                             After the Supreme Court’s opinion in                                                                             • GN 00210.100: Same-Sex Marriage
                                                                                                     terms describing the marital
                                             Windsor, section 3 of DOMA no longer                                                                          and Non-Marital Legal Relationships—
                                                                                                     relationship and directs recognition and
                                             prohibits the Federal government from                                                                         Benefits for Aged Spouses.
                                                                                                     deeming of marital relationships for all
                                             recognizing same-sex marriages when                                                                              • GN 00210.400: Same-Sex
                                                                                                     of Title II of the Act. As a result, section
                                             administering Federal statutes and                                                                            Marriage—Benefits for Surviving
                                                                                                     216 of the Act is the controlling
                                             programs and no longer controls the                                                                           Spouses.
                                                                                                     provision in determining family and
                                             definition and recognition of a marital                                                                          Entitlement under section 226A and
                                                                                                     marital status for purposes of eligibility
                                             relationship in that context.                                                                                 42 CFR 406.5 and 406.13:
                                                                                                     for Medicare when eligibility is based
                                                Marital status is relevant to certain
                                                                                                     on a provision under Title II of the Act.                • GN 00210.705: Same-Sex
                                             Medicare entitlements, premiums,                                                                              Marriage—Medicare Based on End-Stage
                                                                                                     Section 216(h)(1)(A)(i) explicitly
                                             benefits, and enrollment provisions.                                                                          Renal Disease (ESRD).
                                                                                                     controls recognition of a marriage:
                                             This Ruling provides binding CMS
                                                                                                       An applicant is the wife, husband,                  Title XVIII Provisions
                                             policy for the application of these
                                                                                                     widow, or widower of a fully or
                                             provisions in the context of a same-sex                                                                          There are no controlling provisions in
                                                                                                     currently insured individual for
                                             marriage.                                                                                                     Title XVIII of the Act or regulations
                                                                                                     purposes of this subchapter if the courts
                                                                                                                                                           implementing the Title XVIII provisions
                                             RULING                                                  of the State in which such insured
                                                                                                                                                           within the scope of this Ruling that
                                               This Ruling states the CMS policies                   individual is domiciled at the time such
                                                                                                                                                           define or direct recognition or deeming
                                             for implementing United States v.                       applicant files an application, or, if such
                                                                                                                                                           of marital relationships. Therefore, CMS
                                             Windsor, 570 U.S. 12, 133 S. Ct. 2675                   insured individual is dead, the courts of
                                                                                                                                                           has adopted a policy of interpreting
                                             (2013) for purposes of certain                          the State in which he was domiciled at
                                                                                                                                                           sections 1818(d), 1837(i) and 1839 of the
                                             entitlement, eligibility and enrollment                 the time of death, or, if such insured
                                                                                                                                                           Act in a manner that treats same-sex
                                             provisions for Medicare. Note that the                  individual is or was not so domiciled in
                                                                                                                                                           marriages on the same terms as
                                             rules for recognizing a same-sex                        any State, the courts of the District of
                                                                                                                                                           opposite-sex marriages to the greatest
                                             marriage (and treatment of a same-sex                   Columbia, would find that such
                                                                                                                                                           extent reasonably possible and uses a
                                             relationship that is not a marriage) for                applicant and such insured individual
                                                                                                                                                           celebration rule where possible.
                                             purposes of eligibility and entitlement                 were validly married at the time such
                                                                                                                                                           ‘‘Celebration rule’’ means that a same-
                                             controlled by Title II of the Social                    applicant files such application or, if
                                                                                                                                                           sex marriage is recognized and treated
                                             Security Act (the Act) are different than               such insured individual is dead, at the
                                                                                                                                                           as a lawful marriage (where marital
                                             the rules for recognizing a same-sex                    time he died.
                                                                                                                                                           status is relevant to a determination of
                                             marriage (and treatment of a same-sex                   The Social Security Administration                    entitlement) if the same-sex marriage
                                             relationship that is not a marriage) for                (SSA) has issued policies interpreting                was lawful where and when it occurred.
                                             benefits provided under Title XVIII of                  and implementing section 216 of the                   Individuals in non-marital same-sex
                                             the Act.                                                Act in the context of same-sex marriages              relationships (such as domestic
                                                                                                     and other relationships. Generally, such              partnerships or civil unions that are not
                                             POLICY                                                  policies look to the law of the domicile              marriages) are not considered married.
                                               Because section 3 of DOMA is                          of the social security number holder to                  The SSA processes applications and
                                             unconstitutional, it no longer defines or               determine whether to recognize a                      initial eligibility determinations under
                                             controls the recognition of a marital                   marriage. Such interpretations of section             these statutes by applying CMS policy.
                                             relationship by the Federal government.                 216(h) are applicable for purposes of                 CMS policy for the implementation of
                                             In the absence of controlling law to the                entitlement and eligibility                           Windsor in the context of these Title
                                             contrary, the Department of Health and                  determinations under sections 226 and                 XVIII provisions is articulated in the
                                             Human Services (HHS) has adopted a                      226A. The SSA has interpreted and                     POMS sections issued by the SSA as
                                             policy of treating same-sex marriages on                directed the application of section                   follows:
                                             the same terms as opposite-sex                          216(h) in the following Program                          Calculation of hospital insurance
                                             marriages to the greatest extent                        Operations Manual System (POMS)                       (Part A) premium under section 1818(d)
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                                             reasonably possible and of recognizing                  sections issued by SSA:                               and 42 CFR 406.32(c):
                                             marriages between individuals of the                      • GN 00210.002: Same-Sex                               • GN 00210.706: Same-Sex
                                             same sex who were lawfully married                      Marriage—Determining Marital Status                   Marriage—HI Premium Reduction for
                                             under the law of the state, territory, or               for Title II and Medicare Benefits.                   Aged and Disabled Individuals.
                                             foreign jurisdiction where the marriage                   • GN 00210.003: Same-Sex                               Eligibility for a special enrollment
                                             was entered into (‘‘celebration rule’’),                Marriage—Dates States Permitted or                    period based on enrollment in a group
                                             regardless of where the couple resides.                 Recognized Same-Sex Marriage.                         health plan by reason of a spouse’s


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                                                               Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations                                               7977

                                             current employment under sections           adjacent television band as                                       under Texas is amended by removing
                                             1818(c) and 1837(i) and 42 CFR 406.24,      expeditiously as possible.                                        channel 51 and adding channel 26 at
                                             407.20, 407.22, 407.25, and 407.27:         DATES: Effective February 13, 2015.                               Longview.
                                               • GN 00210.700: Same-Sex                  FOR FURTHER INFORMATION CONTACT:                                  [FR Doc. 2015–03168 Filed 2–12–15; 8:45 am]
                                             Marriage—Eligibility for Medicare           Jeremy Miller, Jeremy.Miller@fcc.gov,                             BILLING CODE 6712–01–P
                                             Special Enrollment Period (SEP).            Media Bureau, (202) 418–1507.
                                               Calculation of late enrollment penalty
                                                                                         SUPPLEMENTARY INFORMATION: This is a
                                             for premium hospital insurance                                                                                DEPARTMENT OF COMMERCE
                                             (Premium Part A) and supplemental           synopsis of the Commission’s Report
                                             medical insurance (Part B) under            and Order, MB Docket No. 14–245,
                                                                                         adopted February 9, 2015, and released                            National Oceanic and Atmospheric
                                             section 1818(c) and 1839 and 42 CFR                                                                           Administration
                                             406.32(d), 406.33, 406.34, 408.22, and      February 9, 2015. The full text of this
                                             408.24:                                     document is available for public
                                                                                         inspection and copying during normal                              50 CFR Parts 223 and 224
                                               • GN 00210.701: Same-Sex
                                             Marriage—Premium Surcharge                  business hours in the FCC’s Reference                             [Docket No. 130404330–5117–03]
                                             Rollback.                                   Information Center at Portals II, CY–
                                                                                                                                                           RIN 0648–BC76
                                                                                         A257, 445 12th Street SW., Washington,
                                             EFFECTIVE DATE                              DC 20554. This document will also be                              Endangered and Threatened Species;
                                                This Ruling is effective on February 9, available via ECFS (http://                                        Designation of Critical Habitat for the
                                             2015, with respect to appeals on,           fjallfoss.fcc.gov/ecfs/). To request                              Puget Sound/Georgia Basin Distinct
                                             initiated, or reopened in accordance        materials in accessible formats for                               Population Segments of Yelloweye
                                             with applicable rules after February 9,     people with disabilities (braille, large                          Rockfish, Canary Rockfish and
                                             2015, for entitlement and enrollment        print, electronic files, audio format),                           Bocaccio; Correction
                                             determinations made on or after June        send an email to fcc504@fcc.gov or call
                                             26, 2013. This ruling does not apply to     the Consumer & Governmental Affairs                               AGENCY:  National Marine Fisheries
                                             appeals of entitlement and enrollment       Bureau at 202–418–0530 (voice), 202–                              Service (NMFS), National Oceanic and
                                             determinations made before June 26,         418–0432 (tty).                                                   Atmospheric Administration (NOAA),
                                             2013.                                          This document does not contain                                 Commerce.
                                                Dated: February 9, 2015                  information collection requirements                               ACTION: Correcting amendment.
                                             lllllllllllllllllll subject to the Paperwork Reduction Act
                                             Marilyn Tavenner,                           of 1995, Public Law 104–13. In addition,                          SUMMARY:    This action corrects an
                                             Administrator, Centers for Medicare &       therefore, it does not contain any                                omission in the final rule to designate
                                             Medicaid Services.                          information collection burden ‘‘for                               critical habitat for three DPSs of rockfish
                                                                                         small business concerns with fewer than                           from the Puget Sound/Georgia Basin.
                                             [FR Doc. 2015–03069 Filed 2–12–15; 8:45 am]
                                                                                         25 employees,’’ pursuant to the Small                             The final rule for ‘‘Designation of
                                             BILLING CODE 4120–01–P                                                                                        Critical Habitat for the Puget Sound/
                                                                                         Business Paperwork Relief Act of 2002,
                                                                                         Public Law 107–198, see 44 U.S.C.                                 Georgia Basin Distinct Population
                                                                                         3506(c)(4). Provisions of the Regulatory                          Segments of Yelloweye Rockfish,
                                             FEDERAL COMMUNICATIONS                      Flexibility Act of 1980 do not apply to                           Canary Rockfish and Bocaccio’’ failed to
                                             COMMISSION                                  this proceeding.                                                  update the columns labeled ‘‘Critical
                                                                                            The Commission will send a copy of                             habitat,’’ in the tables of threatened and
                                             47 CFR Part 73                              the Report and Order in a report to be                            endangered species to cross reference
                                                                                         sent to Congress and the Government                               these new rules. Therefore, this
                                             [MB Docket No. 14–245, RM–11740; DA 15–
                                             150]                                        Accountability Office pursuant to the                             document corrects the tables by citing
                                                                                         Congressional review Act, see 5 U.S.C.                            the critical habitat designations in the
                                             Television Broadcasting Services;           801(a)(1)(A).                                                     columns of the tables.
                                             Longview, Texas                             List of Subjects in 47 CFR Part 73                                DATES: This final rule is effective
                                                                                                                                                           February 11, 2015.
                                             AGENCY:  Federal Communications                             Television.
                                             Commission.                                                                                                   ADDRESSES: Information regarding this
                                                                                                     Federal Communications Commission.                    final rule may be obtained by contacting
                                             ACTION: Final rule.
                                                                                                     Barbara A. Kreisman,                                  NMFS, Endangered Species Division,
                                             SUMMARY:   A petition for rulemaking was                Chief, Video Division, Media Bureau.                  1315 East West Highway, Silver Spring,
                                             filed by KCEB License Company, LLC                                                                            MD 20910.
                                                                                                       For the reasons discussed in the
                                             (‘‘KCEB License’’), the licensee of                     preamble, the Federal Communications                  FOR FURTHER INFORMATION CONTACT: Dr.
                                             KCEB(TV), channel 51, Longview,                         Commission amends 47 CFR part 73 as                   Dwayne Meadows, NMFS, Office of
                                             Texas, requesting the substitution of                   follows:                                              Protected Resources (301) 427–8403.
                                             channel 26 for channel 51 at Longview.                                                                        SUPPLEMENTARY INFORMATION:
                                             KCEB License filed comments                             PART 73—RADIO BROADCAST
                                             reaffirming its interest in the proposed                SERVICES                                              Need for Correction
                                             channel substitution and explained that                                                                         In a final rule NMFS published on
                                             the channel substitution will replicate                 ■ 1. The authority citation for part 73               November 13, 2014 (79 FR 68041) to
                                                                                                     continues to read as follows:
Rmajette on DSK2VPTVN1PROD with RULES




                                             KCEB(TV)’s current coverage area on                                                                           designate critical habitat for 3 DPSs of
                                             channel 51 and serve 34,104 more                          Authority: 47 U.S.C. 154, 303, 334, 336,            rockfishes, we did not update the
                                             persons than the current channel 51                     and 339.                                              columns labeled ‘‘Critical habitat’’ in
                                             facility. This will eliminate any                                                                             the tables of threatened and endangered
                                             potential interference with wireless                    § 73.622    [Amended]
                                                                                                                                                           species in 50 CFR 223.102(e) and 50
                                             operations in the Lower 700 MHz A                       ■ 2. Section 73.622(i), the Post-                     CFR 224.101(h), respectively, to cross
                                             Block and facilitate the clearing of the                Transition Table of DTV Allotments                    reference these new rules.


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Document Created: 2015-12-18 13:17:55
Document Modified: 2015-12-18 13:17:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of CMS ruling.
DatesThe CMS ruling announced in this document is applicable beginning February 9, 2015, with respect to appeals pending on, initiated, or reopened in accordance with applicable rules after February 9, 2015, for entitlement and enrollment determinations made on or after June 26, 2013. This ruling does not apply to appeals of entitlement and enrollment determinations made before June 26, 2013.
ContactPatty Helphenstine (410) 786-0622.
FR Citation80 FR 7975 
CFR Citation42 CFR 406
42 CFR 407
42 CFR 408

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