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AL Estate Planning & Elder Law Blog

Tuesday, September 17, 2019

Protecting Your Spouse from Impoverishment

30 years ago, Congress put in place protections for the savings of married couples using Medicaid. These protections prevent husbands and wives from bankrupting themselves trying to fund care for their loved ones. They originally required states to allow spouses of nursing home residents to maintain a certain amount of both income and assets; in 2014, this protection was extended to married couples whether the care is provided in an institution or at home.

These protections are set to expire in September unless new legislation is passed. If these protections are not extended, some married couples would be at risk of losing their Medicaid coverage unless they enter a nursing home.

Forcibly separating families, forcing individuals to institutionalize their spouses, is a tough policy. Congress should therefore extend these protections. Fortunately, Sens. Amy Klobuchar (D-MN) and Tina Smith (D-MN) would make these protections permanent.

“When you’re caring for a loved one round-the-clock and serving as your spouse’s support system, you’ve probably already worried about how to make ends meet. You shouldn’t have to worry about your savings completely drying up,” Smith said. “Our bill would make spousal impoverishment protections permanent so families can stay together and get the care they need, surrounded by the people they love.”

This particular bill is mostly supported by Democrats, including Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Bob Casey (D-PA), Kirsten Gillibrand (D-NY), Jeanne Shaheen (D-NH), Debbie Stabenow (D-MI) and Chris Van Hollen (D-MD).

A similar bill, H.R.1343, was introduced to the House in February by two Republicans, Reps. Debbie Dingell (D-MI) and Fred Upton (R-MI).

In the meanwhile, H.R.3253, which would extend the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home- and community-based services, passed in the House and is now in the Senate.

If you are in the midst of planning for your elder years and in need of help, you can reach the Alabama Center for Elder Law by clicking here to send us a message or by calling us directly at (334) 792-6213

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