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117TH CONGRESS
1ST SESSION H. R. 1717
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 HOUSE OF REPRESENTATIVES
MARCH 9, 2021
Mr. UPTON (for himself and Mrs. DINGELL) 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 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Married
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Seniors from Impoverishment Act of 2021’’.
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•HR 1717 IH
SEC. 2. MAKING PERMANENT THE PROTECTION UNDER
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MEDICAID FOR RECIPIENTS OF HOME AND
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COMMUNITY-BASED
SERVICES
AGAINST
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SPOUSAL IMPOVERISHMENT.
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(a) IN GENERAL.—Section 1924(h)(1)(A) of the So-
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cial Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amend-
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ed by striking ‘‘(at the option of the State) is described
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in section 1902(a)(10)(A)(ii)(VI)’’ and inserting the fol-
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lowing: ‘‘is eligible for medical assistance for home and
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community-based services provided under subsection (c),
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(d), or (i) of section 1915, under a waiver approved under
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section 1115, or who is eligible for such medical assistance
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by reason of being determined eligible under section
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1902(a)(10)(C) or by reason of section 1902(f) or other-
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wise on the basis of a reduction of income based on costs
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incurred for medical or other remedial care, or who is eligi-
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ble for medical assistance for home and community-based
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attendant services and supports under section 1915(k)’’.
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(b) CONFORMING AMENDMENT.—Section 2404 of the
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Patient Protection and Affordable Care Act (42 U.S.C.
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1396r–5) is amended by striking ‘‘September 30, 2023’’
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and inserting ‘‘the date of the enactment of the Protecting
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Married Seniors from Impoverishment Act of 2021’’.
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