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Further Extension of Spousal Impoverishment Rules for Married Applicants and Recipients of Home and Community-Based Services

The purpose of this CMCS Informational Bulletin is to advise you that the “Consolidated
Appropriations Act, 2023” (P.L. 117-328, enacted on December 29, 2022) modifies section 2404
of the Patient Protection and Affordable Care Act (ACA) to require that state Medicaid agencies
apply the spousal impoverishment rules to married applicants and beneficiaries eligible for home
and community-based services (HCBS) through September 30, 2027.

Download the Guidance Document

Final

Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: August 15, 2023

DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.