I 
115TH CONGRESS 
1ST SESSION 
H. R. 181 
To amend title XIX of the Social Security Act to count portions of income 
from annuities of a community spouse as income available to institu-
tionalized spouses for purposes of eligibility for medical assistance, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Mr. MULLIN (for himself and Mr. GUTHRIE) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to count 
portions of income from annuities of a community spouse 
as income available to institutionalized spouses for pur-
poses of eligibility for medical assistance, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. COUNTING PORTIONS OF INCOME FROM ANNU-
ITIES OF A COMMUNITY SPOUSE AS INCOME 
AVAILABLE TO INSTITUTIONALIZED SPOUSES 
FOR MEDICAID ELIGIBILITY. 
(a) IN GENERAL.—Section 1924(b)(2) of the Social 
Security Act (42 U.S.C. 1396r–5(b)(2)) is amended by 
adding at the end the following new subparagraph: 
‘‘(E) ANNUITY INCOME.— 
‘‘(i) IN
GENERAL.—In the case of 
payment of income from a qualifying annu-
ity— 
‘‘(I) if payment of income is 
made solely in the name of the com-
munity spouse, one-half of the income 
shall be considered available to the in-
stitutionalized spouse and one-half to 
the community spouse; 
‘‘(II) if payment of income is 
made in the names of the institu-
tionalized spouse and the community 
spouse, one-half of the income shall be 
considered available to the institu-
tionalized spouse and one-half to the 
community spouse; and 
‘‘(III) if payment of income is 
made in the names of the community 
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spouse and another person or persons, 
one-half of the proportion of the com-
munity spouse’s interest in such in-
come shall be considered available to 
the institutionalized spouse. 
‘‘(ii) QUALIFYING ANNUITY.—In this 
subparagraph, the term ‘qualifying annu-
ity’ means an annuity that— 
‘‘(I) is purchased after the date 
that is 60 months before the date 
specified in subparagraph (B)(ii) of 
section 1917(c)(1) for an amount that 
is equal to or greater than fair market 
value; and 
‘‘(II) is not described in clause 
(i) of subparagraph (G) of such sec-
tion. 
‘‘(iii) INAPPLICABILITY
OF
OTHER 
RULES.—The rules of subparagraphs (A) 
and (B) shall not apply with respect to in-
come from a qualifying annuity.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to annuities pur-
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chased or established on or after the date of the enactment 
of this Act. 
Æ 
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