Title: Protecting Married Seniors From Impoverishment Act
Policy area: Health

Summary:
Protecting Married Seniors from Impoverishment Act
This bill makes permanent certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of home and community-based services. Under current law, these provisions expire on September 30, 2023.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1099 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1099

  To amend title XIX of the Social Security Act to make permanent the 
 protections under Medicaid for recipients of home and community-based 
                services against spousal impoverishment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2021

Mr. Casey (for himself, Ms. Smith, Mr. Van Hollen, Mrs. Gillibrand, Mr. 
 Blumenthal, Mrs. Shaheen, Mr. Brown, Ms. Stabenow, Ms. Klobuchar, Ms. 
 Cortez Masto, and Ms. Duckworth) introduced the following bill; which 
        was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XIX of the Social Security Act to make permanent the 
 protections under Medicaid for recipients of home and community-based 
                services against spousal impoverishment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Married Seniors From 
Impoverishment Act''.

SEC. 2. MAKING PERMANENT THE PROTECTION UNDER MEDICAID FOR RECIPIENTS 
              OF HOME AND COMMUNITY-BASED SERVICES AGAINST SPOUSAL 
              IMPOVERISHMENT.

    (a) In General.--Section 1924(h)(1)(A) of the Social Security Act 
(42 U.S.C. 1396r-5(h)(1)(A)) is amended by striking ``(at the option of 
the State) is described in section 1902(a)(10)(A)(ii)(VI)'' and 
inserting the following: ``is eligible for medical assistance for home 
and community-based services provided under subsection (c), (d), or (i) 
of section 1915, under a waiver approved under section 1115, or who is 
eligible for such medical assistance by reason of being determined 
eligible under section 1902(a)(10)(C) or by reason of section 1902(f) 
or otherwise on the basis of a reduction of income based on costs 
incurred for medical or other remedial care, or who is eligible for 
medical assistance for home and community-based attendant services and 
supports under section 1915(k)''.
    (b) Conforming Amendment.--Section 2404 of the Patient Protection 
and Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking 
``September 30, 2023'' and inserting ``the date of the enactment of the 
Protecting Married Seniors From Impoverishment Act''.
    (c) Rule of Construction.--Nothing in section 1924 of the Social 
Security Act (42 U.S.C. 1396r-5) or section 1902(a)(17) of such Act (42 
U.S.C. 1396a(a)(17)) shall be construed as prohibiting a State from 
applying an income or resource disregard authorized under section 
1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))--
            (1) to the income or resources of individuals described in 
        section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 
        1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income 
        or resources of such individual's spouse); or
            (2) on the basis of an individual's need for home and 
        community-based services authorized under subsection (c), (d), 
        (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or 
        under section 1115 of such Act (42 U.S.C. 1315).
                                 <all>