AN ACT EXCLUDING SPOUSAL INCOME FROM CERTAIN RENT, FEE AND COST-SHARING CALCULATIONS RELATING TO HOME AND COMMUNITY-BASED SERVICES.

Plain English Breakdown

The official source material does not specify that spousal income is excluded if a person provides more than 25% daily care, but rather it requires the Commissioner to seek federal approval to disregard such income.

Excluding Spousal Income for Home and Community Services

This act changes how income is counted when deciding if someone qualifies for home and community-based services through Medicaid.

What This Bill Does

• Changes the way income is calculated to decide who can get help from certain Medicaid programs that provide care at home or in the community.
• Requires the Commissioner of Social Services to ask for a change in federal rules, if needed, so spousal income earned by someone providing more than 25% daily care for their spouse does not count when applying for these services.

Who It Names or Affects

• People who need home or community-based care through Medicaid.
• Spouses who take care of each other and apply for these services.

Terms To Know

Medicaid

A government program that helps people pay for medical costs.

Commissioner of Social Services

The person in charge of social service programs, including Medicaid.

Limits and Unknowns

• This act only applies if it is allowed by federal rules.
• It does not specify what will happen to people who are already receiving services when the new rule starts.

Official Summary Text

To exclude spousal income from income eligibility determinations relating to home and community-based services waiver programs.

Current Bill Text

LCO 1453 1 of 2

General Assembly Raised Bill No. 5301
February Session, 2026 LCO No. 1453

Referred to Committee on Aging

Introduced by:
(AGE)

AN ACT EXCLUDING SPOUSAL INCOME FROM CERTAIN RENT, FEE
AND COST-SHARING CALCULATIONS RELATING TO HOME AND
COMMUNITY-BASED SERVICES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. (NEW) (Effective October 1, 2026) To the extent permissible 1
under federal law, the Commissioner of Social Services shall seek a 2
federal Medicaid waiver or amend the Medicaid state plan, as necessary, 3
to disregard from income eligibility determinations any income earned 4
by a person who provides more than twenty -five per cent of daily care 5
for such person's spouse, who has applied for or is receiving services 6
under a Medicaid waiver program providing home and community -7
based services. 8
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 New section

AGE Joint Favorable
Raised Bill No. 5301

LCO 1453 2 of 2

HS Joint Favorable