Sec. 2302. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS

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## SEC. 2302 EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS ###

(a)In General Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by section 3812 of the CARES Act (Public Law 116-136), is amended by striking “November 30, 2020” and inserting “December 11, 2020”. ###

(b)Rule of Construction **[**[42 U.S.C. 1396a note](/us/usc/t42/s1396a)**]** Nothing in section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be construed as prohibiting a State from— ####

(1)applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))— #####

(A)to the income or resources of an individual described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income or resources of such individual’s spouse); or #####

(B)on the basis of an individual’s need for home and community-based services authorized under subsection (c), (d), (i), or

(k)of section 1915 of such Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315); or ####

(2)disregarding an individual’s spousal income and assets under a plan amendment to provide medical assistance for home and community-based services for individuals by reason of being determined eligible under section 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in determining the initial and ongoing financial eligibility of an individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42 U.S.C. 1396r-5).

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