S.P. 336 - L.D. 1114
Resolve, to Extend the Protections against Spousal Impoverishment under the Medicaid Program
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, under current Medicaid regulations, a spouse who remains at home after his or her spouse is admitted to a nursing facility receives a monthly support allowance from the noninstitutionalized spouse; and
Whereas, current regulations do not extend such protection to spouses of residents of cost-reimbursed residential care facilities; and
Whereas, absent such spousal support protections, a spouse may be in drastically reduced financial circumstances as a result of the institutionalization of the other spouse, a condition known as "spousal impoverishment"; and
Whereas, this inequity in the system creates disincentives for people to use less restrictive alternatives to nursing facility care; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Study. Resolved: That the Commissioner of Human Services, in conjunction with the Long-term Care Steering Committee, shall undertake a study of the levels of spousal and family support assistance available to both married and single recipients of services under the different long-term care and assisted living programs and develop recommendations regarding the promotion of greater equity in the levels of resource and income support allowances available to the spouses and families of individuals receiving long-term health care in various settings. They shall also study medical and financial eligibility screening and the availability and development of long-term care options. In the course of the study the commissioner and the Long-term Care Steering Committee shall consult with the long-term care ombudsman program, Legal Services for the Elderly, the Alzheimer's Association, other consumer representatives and providers of long-term care services; and be it further
Sec. 2. Reports. Resolved: That the Commissioner of Human Services and the Long-term Care Steering Committee shall submit a report containing final recommendations on medical and financial eligibility screening and an interim report on the availability and development of long-term care options to the Joint Standing Committee on Health and Human Services no later than January 1, 1998. They shall submit a report containing final recommendations on the availability and development of long-term care options and levels of spousal and family support assistance to the Joint Standing Committee on Health and Human Services no later than November 1, 1998. In submitting reports to the committee, the commissioner and the Long-term Care Steering Committee may submit proposed legislation concerning financial support for the spouses and families of long-term care recipients.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 30, 1997.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
