[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1343 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1343

      To amend title XIX of the Social Security Act to remove an 
institutional bias by making permanent the protection for recipients of 
   home and community-based services against spousal impoverishment.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2019

Mrs. Dingell (for herself and Mr. Upton) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

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                                 A BILL


 
      To amend title XIX of the Social Security Act to remove an 
institutional bias by making permanent the protection for recipients of 
   home and community-based services against spousal impoverishment.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Married Seniors from 
Impoverishment Act''.

SEC. 2. MAKING PERMANENT THE PROTECTION UNDER MEDICAID FOR RECIPIENTS 
              OF HOME AND COMMUNITY-BASED SERVICES AGAINST SPOUSAL 
              IMPOVERISHMENT.

    Section 1924(h)(1)(A) of the Social Security Act (42 U.S.C. 1396r-
5(h)(1)(A)) is amended by striking ``(at the option of the State) is 
described in section 1902(a)(10)(A)(ii)(VI)'' and inserting the 
following: ``before April 1, 2019, (at the option of the State) is 
described in section 1902(a)(10)(A)(ii)(VI), or, beginning April 1, 
2019, is eligible for medical assistance for home and community-based 
services provided under subsection (c), (d), or (i) of section 1915, 
under a waiver approved under section 1115, or who is eligible for such 
medical assistance by reason of being determined eligible under section 
1902(a)(10)(C) or by reason of section 1902(f) or otherwise on the 
basis of a reduction of income based on costs incurred for medical or 
other remedial care, or who is eligible for medical assistance for home 
and community-based attendant services and supports under section 
1915(k)''.
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