Posted Sunday, April 25, 2021

Eleven Senators have introduced the Protecting Married Seniors from Impoverishment Act which would protect seniors from spousal impoverishment in the Medicaid program.

“Historically, when one part of a married couple was in need of Medicaid long-term services and supports (LTSS), their spouse has been protected from becoming impoverished as they “spend down” to Medicaid eligibility. These protections came by way of an allowable amount of assets permitted to be held by the spouse not in need of Medicaid LTSS. Unfortunately, these protections were limited to cases of institutional LTSS. That changed in 2010 with the passage of the Affordable Care Act, which called for these protections to be extended to instances of home and community-based services (HCBS) as the setting of care. Since the expansion into cases of HCBS was made on a temporary basis, this program has required ongoing temporary extensions. Most recently the protections were extended in December of 2020 and set to expire September 30, 2023.”

If passed as is, the non-Medicaid receiving spouse would be able to keep up to $130,380 in assets.

Source: NAHC Report

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