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

Plain English Breakdown

The bill text uses the phrase 'disregard from income eligibility determinations' but limits this to rent, fee, and cost-sharing calculations as per the title. The summary reflects this specific scope.

Excluding Spousal Income from Certain Medicaid Waiver Calculations

This law directs state officials to ask the federal government for permission to ignore a spouse's income when calculating costs and fees for home and community-based services, if that spouse provides significant daily care.

What This Bill Does

• Requires the Commissioner of Social Services to seek a federal Medicaid waiver or change the state plan by October 1, 2026.
• Allows officials to exclude income earned by a spouse who provides more than twenty-five percent of daily care for their partner from certain calculations.
• Applies this exclusion only when calculating rent fees and cost-sharing amounts for home and community-based services waiver programs.

Who It Names or Affects

• Spouses who provide more than twenty-five percent of daily care for partners applying for or receiving Medicaid waiver services.
• The Commissioner of Social Services, who must handle the request to federal authorities.
• Individuals participating in home and community-based services waiver programs.

Terms To Know

Medicaid Waiver

A special permission from the federal government that allows a state to change standard Medicaid rules for specific groups of people.

Home and Community-Based Services

Care services provided in a person's home or community instead of in an institution like a nursing facility.

Limits and Unknowns

• The law only takes effect to the extent that federal laws allow these changes.
• The text does not specify what happens if the federal government denies the waiver request.
• The bill sets an effective date of October 1, 2026.

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