[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2000 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2000

      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 SENATE OF THE UNITED STATES

                             June 27, 2019

Mr. Casey (for himself, Ms. Smith, Mr. Van Hollen, Mrs. Gillibrand, Mr. 
 Blumenthal, Mrs. Shaheen, Mr. Brown, Ms. Stabenow, and Ms. Klobuchar) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

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

    (a) In General.--Section 1924(h)(1)(A) of the Social Security Act 
(42 U.S.C. 1396r-5(h)(1)(A)) is amended by striking ``or who (at the 
option of the State) is described in section 1902(a)(10)(A)(ii)(VI)'' 
and inserting the following: ``or who, before October 1, 2019, at the 
option of the State, is described in section 1902(a)(10)(A)(ii)(VI) or, 
beginning October 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)''.
    (b) Rule of Construction.--Nothing in section 2404 of Public Law 
111-148 (42 U.S.C. 1396r-5 note), section 1924 of the Social Security 
Act (42 U.S.C. 1396r-5), or section 1902(a)(17) of such Act (42 U.S.C. 
1396a(a)(17)) shall be construed as prohibiting a State from applying 
an income or resource disregard authorized under section 1902(r)(2) of 
such Act (42 U.S.C. 1396a(r)(2))--
            (1) to the income or resources of individuals described in 
        section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 
        1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income 
        or resources of such individual's spouse); or
            (2) on the basis of an individual's need for home and 
        community-based services authorized under subsection (c), (d), 
        (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or 
        under section 1115 of such Act (42 U.S.C. 1315).
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