On December 12, 2014, CMS published a proposed rule that would revise certain conditions of participation for providers, conditions for coverage for suppliers, and requirements for long-term care facilities to ensure that they are consistent with the Supreme Court’s decision in United States v. Windsor and HHS policy. In Windsor, the Supreme Court held that Section 3 of the Defense Against Marriage Act was unconstitutional. According to CMS’s fact sheet, the proposed rule would revise select definitions and patient’s rights provisions governing Medicare and Medicaid participating facilities to clarify that “where state law or facility policy provides or allows certain rights or privileges to a patient’s opposite-sex spouse under certain provisions, a patient’s same-sex spouse must be afforded equal treatment if the marriage is valid in the jurisdiction in which it was celebrated.” Comments on the proposed rule must be submitted by February 10, 2015.