CMS Issues Guidance to State Medicaid Programs on Options for Protecting Assets of Same-Sex Couples

The admission of a loved one to a nursing home involves a host of difficult decisions, including financial decisions that can affect spouses and other family members. To qualify for Medicaid, the nation’s largest payor for nursing home services, an individual must “spend down” or exhaust most of his or her personal resources. Generally speaking, the Medicaid program contains certain protections for the spouses of Medicaid recipients in nursing home; such protections, however, do not typically apply to same-sex couples.

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