Disclaimer: With Medicaid, VA, and insurance regulations frequently changing, past blog posts may not be presently accurate or relevant. Please contact our office for information on current planning strategies, tips, and how-to's.
The Affordable Care Act mandated that the spousal impoverishment rules treat Medicaid community-based services as equal to institutional care. This provision was supposed to expire in December which would leave the decision up to each state if they wanted to keep the mandate.
A few states have already stated that they plan to stop applying the rules to their home and community-based services if the mandate does indeed expire in December.
Two U.S. Representatives introduced the Protecting Married Seniors from Impoverishment Act. If this act is passed, it would “extend spousal impoverishment protections for Medicaid beneficiaries receiving long-term care in a home or community care setting.”
A number of groups including LeadingAge, the National PACE Association and the National Council on Aging are in support of this act in order to protect spouses of institutionalized individuals.
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