[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8110 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8110

  To amend title XIX of the Social Security Act to make permanent the 
 State option to extend protection against spousal impoverishment for 
    recipients of home and community-based services under Medicaid.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2024

Mrs. Dingell (for herself and Mr. James) 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 make permanent the 
 State option to extend protection against spousal impoverishment for 
    recipients of home and community-based services under Medicaid.

    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 of 2024''.

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

    (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 ``(at the option of 
the State) is described in section 1902(a)(10)(A)(ii)(VI)'' and 
inserting the following: ``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) Conforming Amendment.--Section 2404 of the Patient Protection 
and Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking 
``September 30, 2027'' and inserting ``the date of enactment of the 
Protecting Married Seniors from Impoverishment Act of 2024''.
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