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New Laws Pending for Home Health Care


It soon may be easier and financially more appealing for seniors and individuals with disabilities to receive care at home, if new legislature recently introduced is passed by lawmakers.

The introductions of the Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources (EMPOWER) and Care Act and the Protecting Married Seniors from Impoverishment Act follows the release of the latest round of long-term health care spending projections by Centers for Medicare & Medicaid Services (CMS) Office of the Actuary. Both pieces of legislation are backed by several long-term care stakeholders, and leaders from the National Council on Aging and LeadingAge have also voiced support for the legislation.

If passed, the EMPOWER Care Act will empower people with disabilities to decide where to receive care, and allow them to stay in facilities they deem best for them. Meanwhile, the Protecting Married Seniors from Impoverishment Act permanently extends spousal impoverishment protections for Medicaid beneficiaries receiving long-term care in home- or community-based settings. Under current mandates, spousal impoverishment protections in Medicaid that prevent unnecessary financial harm in cases where one spouse needs long-term care in a nursing home or institutional care facility can potentially expire.

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