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Avoiding Spousal Impoverishment In The Face of Long-Term Care Costs

Avoiding Spousal Impoverishment In The Face of Long-Term Care Costs Image

30 years ago, Congress put in place protections for the savings of married couples using Medicaid. These protections prevent husbands and wives from bankrupting themselves trying to fund care for their loved ones. They originally required states to allow spouses of nursing home residents to maintain a certain amount of both income and assets; in 2014, this protection was extended to married couples whether the care is provided in an institution or at home.

These protections are set to expire in September unless new legislation is passed. If these protections are not extended, some married couples would be at risk of losing their Medicaid coverage unless they enter a nursing home.

Forcibly separating families, forcing individuals to institutionalize their spouses, is a tough policy. Congress should therefore extend these protections. Fortunately, Sens. Amy Klobuchar (D-MN) and Tina Smith (D-MN) would make these protections permanent.

“When you’re caring for a loved one round-the-clock and serving as your spouse’s support system, you’ve probably already worried about how to make ends meet. You shouldn’t have to worry about your savings completely drying up,” Smith said. “Our bill would make spousal impoverishment protections permanent so families can stay together and get the care they need, surrounded by the people they love.”

A similar bill, H.R.1343, was introduced to the House in February by Representatives. Debbie Dingell (D-MI) and Fred Upton (R-MI).

In the meanwhile, H.R.3253, which would extend the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home- and community-based services, passed in the House and is now in the Senate.

If you have questions about how best to protect income and assets for married couples that are affected by long-term care costs, or would like additional information, please don’t hesitate to reach out to us or to an experienced Elder Law Attorney (preferably one that is Board Certified in Elder Law) in your area. You can also read more using the links below.

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