U.S. Rep. Fred Upton (R-MI) on Nov. 16 introduced bipartisan legislation aimed at preventing America’s senior citizens from becoming financially broke due to paying for long-term care services they’re receiving at home or in a community-based facility.
“Long-term care for our seniors and their families should be about improving quality of life,” said Upton. “Our bipartisan bill does that. It will help seniors protect their nest eggs and improve home and community-based services here in Michigan and across the country.”
The Protecting Married Seniors from Impoverishment Act, H.R. 7149, sponsored by U.S. Rep. Debbie Dingell (D-MI), would 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, according to the text of the bill.
“Our long-term care system is broken,” said Rep. Dingell. “Seniors and their families already face too many challenges when navigating long-term care, and they should not have to get divorced or go broke just to be eligible for the care they need.”
Medicaid, the main federal payer for long-term care, now includes financial protections that are designed to prevent a spouse from exhausting his or her finances to pay for a significant other’s long-term healthcare needs, according to a statement released by Rep. Upton’s office.
However, the financial protections related to reimbursement for care at home or in the community are set to expire at the end of 2018.
H.R. 7149 would permanently extend these so-called spousal impoverishment protections for Medicaid beneficiaries who are receiving long-term care at home or in the community, according to Upton’s statement.
The measure has garnered support from numerous groups, including the National Council on Aging, the Autism Society of America, the National Association for Home Care and Hospice, the Jewish Federations of North America, the National Association of Councils on Developmental Disabilities, and Justice in Aging, among others.
“Older Americans needing long-term care are more likely to be able to stay out of nursing homes if they are married,” said Howard Bedlin, vice president for public policy and advocacy at the National Council on Aging, who added that the council “strongly supports legislation introduced by Rep. Dingell to address this bias, keep older couples together, and reduce unnecessary nursing home placement.”
“Individuals who require assistance with daily activities should be allowed to age in place and not be forced to go into a nursing home simply to protect their spouse from becoming poor. That’s why we are extremely thankful to Rep. Dingell for introducing a bill to extend the mandate that Medicaid’s spousal impoverishment protections for nursing home care also apply to home and community-based services,” said Michael Amoruso, president of the National Academy of Elder Law Attorneys.
Likewise, Kevin Prindiville, executive director of Justice in Aging, said the group supports H.R. 7149 “because it will give married seniors and people with disabilities a meaningful choice to age in place with their spouse and stay connected to their families and communities, without fear of financial ruin.”
“I’m glad to partner with Rep. Dingell to push this much-needed fix across the finish line,” Rep. Upton said last week.
H.R. 7149 has been referred for consideration to the U.S. House Energy and Commerce Committee.