HHS offers Medicaid guidance for same-sex couples

Jun 13 2011

Late last week, the Centers for Medicare and Medicaid Services clarified that same-sex couples are entitled to the same protections that exist for heterosexual couples when one member enters a nursing home.

The Hill: CMS Outlines Medicaid Protections For Same-Sex Couples
The federal Medicaid agency clarified Friday that same-sex couples are entitled to the same protections as heterosexual couples when one member enters a nursing home. Medicaid generally won't cover nursing home care until beneficiaries have spent most of their own money and sold off most of their assets. But the program also has policies in place designed to ensure that beneficiaries' spouses can keep living in the couple's home (Baker, 6/10).

Modern Healthcare: Medicaid Can Be Flexible On Same-Sex Pairs
The CMS on Friday outlined options and flexibilities that state Medicaid agencies have when offering beneficiary protections related to liens, transfers of assets and estate recovery for same-sex couples. In a three-page letter to state Medicaid directors, Cindy Mann — director of the Center for Medicaid, CHIP and Survey & Certification at the CMS — said the direction is intended to clarify state plan flexibilities for all Medicaid recipients regardless of their sexual orientation (Zigmond, 6/10).

CQ HealthBeat: HHS Issues Guidance on Medicaid and Same-Sex Couples
A member of a same-sex couple is allowed to remain in the pair's home when a same-sex spouse or domestic partner gets nursing home care financed by Medicaid, the Department of Health and Human Services said Friday. Cindy Mann, director of Medicaid services, sent a letter to the states clarifying that states have the flexibility to offer the same protections of assets and finances to same-sex couples as opposite-sex couples in these situations (Norman, 6/10).

Politico Pro: Activists: Rules For Gay Couples A Good Step
The Obama administration walked a fine line with the Defense of Marriage Act on Friday as it clarified Medicaid rules for states, spelling out that states are allowed to extend certain financial protections to same-sex couples. "I think this is pushing about as far as they could in this particular area without running up against DOMA," said Brian Moulton, chief legislative council for the Human Rights Campaign. He said he would expect all states that offer same-sex marriage or civil union arrangements with equivalent rights would adopt policies under this guidance. Twelve states and D.C. currently fall into that category, and an additional three offer more limited domestic partnerships but might also adopt theses policies (Feder, 6/13).