117th CONGRESS 1st Session |
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.
March 9, 2021
Mr. Upton (for himself and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce
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,
This Act may be cited as the “Protecting Married Seniors from Impoverishment Act of 2021”.
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) is amended by striking “September 30, 2023” and inserting “the date of the enactment of the Protecting Married Seniors from Impoverishment Act of 2021”.