H.R. 1717House117th Congress (2021-2023)In Committee

Protecting Married Seniors from Impoverishment Act of 2021

AI-Generated Summary

Updated February 7, 2026 at 11:59 PM UTC

The Protecting Married Seniors from Impoverishment Act of 2021 makes permanent a Medicaid rule that shields married seniors who receive home and community‑based services from losing their spouse’s assets or income. It changes the Social Security Act so that the spousal‑impoverishment protection no longer depends on a state’s optional adoption and applies to all eligible recipients. The bill affects married seniors on Medicaid and the federal programs that fund home‑based care.

Key Provisions

Amends Section 1924(h)(1)(A) of the Social Security Act to permanently extend Medicaid’s spousal‑impoverishment protection to all recipients of home and community‑based services, regardless of state option, and broadens the eligibility language to cover various waiver and assistance categories.
Updates the reference in the Affordable Care Act’s Section 2404, replacing the September 30, 2023 deadline with the enactment date of this Act, ensuring the new Medicaid protection remains in effect.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Health.

Health Subcommittee

March 10, 2021

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HouseIntro Referral

Introduced in House

March 9, 2021

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

March 9, 2021

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

March 10, 2021

Bill Text

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Introduced in HouseIssued March 9, 2021

117th CONGRESS

1st Session

H. R. 1717

IN THE HOUSE OF REPRESENTATIVES

March 9, 2021

Mr. Upton (for himself and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

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.

Short title

This Act may be cited as the Protecting Married Seniors from Impoverishment Act of 2021.

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.