Implementer § 237 — Community Spouse Protected Amount

Home Implementer § 237 — Community Spouse Protected Amount

The bill requires DSS to increase the amount of allowable assets kept by the spouse of someone in a medical institution or nursing facility (e.g., a nursing home) who remains in the community. Under current state law, the spouse may keep the greater of (1) the federal minimum ($27,480 in 2022) or (2) half the couple’s combined assets, up to the federal maximum ($137,400 in 2022). The bill raises the state minimum community spouse protected amount to $50,000.

The bill also requires the DSS commissioner to report by July 1, 2023, to the Aging, Appropriations, and Human Services committees on (1) how many community spouses were able to keep additional assets due to the raised minimum and (2) the cost to the state for raising the minimum.