Friday, September 23, 2011

HHS delivers guidance to state Medicaid agencies on states’ freedom and flexibility to offer financial protections to same-sex couples

HHS’ Centers for Medicare & Medicaid Services (CMS) provided guidance to state Medicaid agencies clarifying that they are able to offer same-sex couples many of the same financial and asset protections available to opposite-sex couples when a partner is entering a nursing home or care facility. In a letter sent today, CMS advised state agencies of their ability to ensure that same-sex partners can remain in shared homes without Medicaid liens being applied. The guidance also clarifies that states have the flexibility to protect same-sex partners under estate recovery and transfer of assets rules.
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View CMS’s letter to State Medicaid Agencies at

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