Protecting Married Seniors From Impoverishment Act

II 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 Fi- nance 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Married 4 Seniors From Impoverishment Act’’. 5 VerDate Sep 11 2014 01:47 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1099.IS S1099 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1099 IS SEC. 2. MAKING PERMANENT THE PROTECTION UNDER 1 MEDICAID FOR RECIPIENTS OF HOME AND 2 COMMUNITY-BASED SERVICES AGAINST 3 SPOUSAL IMPOVERISHMENT. 4 (a) IN GENERAL.—Section 1924(h)(1)(A) of the So- 5 cial Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amend- 6 ed by striking ‘‘(at the option of the State) is described 7 in section 1902(a)(10)(A)(ii)(VI)’’ and inserting the fol- 8 lowing: ‘‘is eligible for medical assistance for home and 9 community-based services provided under subsection (c), 10 (d), or (i) of section 1915, under a waiver approved under 11 section 1115, or who is eligible for such medical assistance 12 by reason of being determined eligible under section 13 1902(a)(10)(C) or by reason of section 1902(f) or other- 14 wise on the basis of a reduction of income based on costs 15 incurred for medical or other remedial care, or who is eligi- 16 ble for medical assistance for home and community-based 17 attendant services and supports under section 1915(k)’’. 18 (b) CONFORMING AMENDMENT.—Section 2404 of the 19 Patient Protection and Affordable Care Act (42 U.S.C. 20 1396r–5 note) is amended by striking ‘‘September 30, 21 2023’’ and inserting ‘‘the date of the enactment of the 22 Protecting Married Seniors From Impoverishment Act’’. 23 (c) RULE OF CONSTRUCTION.—Nothing in section 24 1924 of the Social Security Act (42 U.S.C. 1396r–5) or 25 section 1902(a)(17) of such Act (42 U.S.C. 1396a(a)(17)) 26 VerDate Sep 11 2014 01:47 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1099.IS S1099 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1099 IS shall be construed as prohibiting a State from applying 1 an income or resource disregard authorized under section 2 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))— 3 (1) to the income or resources of individuals de- 4 scribed in section 1902(a)(10)(A)(ii)(VI) of such Act 5 (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a 6 disregard of the income or resources of such individ- 7 ual’s spouse); or 8 (2) on the basis of an individual’s need for 9 home and community-based services authorized 10 under subsection (c), (d), (i), or (k) of section 1915 11 of such Act (42 U.S.C. 1396n) or under section 12 1115 of such Act (42 U.S.C. 1315). 13 Æ VerDate Sep 11 2014 01:47 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1099.IS S1099 kjohnson on DSK79L0C42PROD with BILLS