I 111th CONGRESS 1st Session H. R. 3055 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.

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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). .