[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3055 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3055

  To amend title XIX of the Social Security Act to continue Medicaid 
    spousal impoverishment protections for spouses of beneficiaries 
  receiving home and community based services under a current waiver 
  parallel to protections afforded spouses of nursing home residents.


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                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2009

    Mr. Engel (for himself and Mr. King of New York) 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 continue Medicaid 
    spousal impoverishment protections for spouses of beneficiaries 
  receiving home and community based services under a current waiver 
  parallel to protections afforded spouses of nursing home residents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONTINUATION OF MEDICAID SPOUSAL IMPOVERISHMENT PROTECTIONS 
              FOR CERTAIN SPOUSES OF BENEFICIARIES RECEIVING HOME AND 
              COMMUNITY BASED SERVICES UNDER A CURRENT WAIVER PARALLEL 
              TO PROTECTIONS AFFORDED SPOUSES OF NURSING HOME 
              RESIDENTS.

    Section 1915(c) of the Social Security Act (42 U.S.C. 1396(c)) is 
amended by adding at the end the following new paragraph:
    ``(10) In the case of a State waiver which was effective under this 
subsection as of December 31, 2008, and which provided as of such date 
and in connection with such waiver for income and resource protections 
for spouses of individuals receiving home and community based services 
pursuant to this subsection equivalent to such protections authorized 
for spouses of institutionalized individuals under section 1924, the 
Secretary shall authorize the continuation of such income and resource 
protections for the duration of such waiver (including any extensions 
thereof).''.
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