Protecting Married Seniors from Impoverishment Act of 2021
This bill makes permanent certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of home and community-based services. Under current law, these provisions expire on September 30, 2023.
To amend title XIX of the Social Security Act to make permanent the 
 protections under Medicaid 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 of 2021''.

SEC. 2. 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 ``(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) is amended by striking 
``September 30, 2023'' and inserting ``the date of the enactment of the 
Protecting Married Seniors from Impoverishment Act of 2021''.
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Protecting Married Seniors from Impoverishment Act of 2021
To amend title XIX of the Social Security Act to make permanent the protections under Medicaid for recipients of home and community-based services against spousal impoverishment.
Protecting Married Seniors from Impoverishment Act of 2021
Rep. Upton, Fred