Medicaid Protections For Same-Sex Couples

In June, the federal Department of Health and Human Services (HHS) issued to states guidance clarifying that they are able to offer same-sex couples certain financial and asset protections already offered to opposite-sex couples when one partner enters a nursing home under Medicaid. Examples of these protections include transferring home ownership without penalty and allowing the partner of the Medicaid nursing home resident to remain in that shared home.

HHS Secretary Kathleen Sebelius stated, “Low-income same-sex couples are too often denied equal treatment and the protections offered to other families in their greatest times of need. This is now changing. Today’s guidance represents another important step toward ensuring that the rights and dignity of every American are respected by their government.”