Report on 2015-16 NYS Executive Budget for Health and Mental Hygiene provision which would eliminate the use of “spousal refusal” for Medicaid recipients

SUMMARY 

The Legal Problems of the Aging Committee submitted a report opposing provisions of the 2015-16 State Executive Budget, which would amend the Social Services Law to provide that for Medicaid eligibility, the income and resources of a legally responsible relative (including a spouse) would be deemed as unavailable for use by an ailing relative only if the relative was both absent from the home AND refused to provide care and assistance. Essentially, this would eliminate the use of “spousal refusal” for Medicaid recipients in the community and would force a couple with a well spouse and an aging spouse either to separate or to put an ailing spouse who might otherwise be able to receive home care into a nursing home facility. The Committee stated that the State has the ability under existing law to bring support and contribution proceedings against refusing spouses who have sufficient resources and income to pay toward the ill spouse’s care. The current approach protects the truly needy and provides flexibility, while requiring contribution from those able to pay without contributing to the destruction of a marriage.

BILL INFORMATION

A.3007 / S.2007, Part B, Section 33 of the Health and Mental Hygiene Budget for the 2015-16 state fiscal year – would eliminate the use of “spousal refusal” for Medicaid recipients

SUMMARY

Spring 2015 44th Street Notes: “Legislative Update: Passage of a State Budget”