The General Assembly Raised Bill No. 5301 aims to amend current law regarding income eligibility determinations for home and community-based services under Medicaid. Specifically, the bill proposes that the Commissioner of Social Services seek a federal Medicaid waiver or amend the Medicaid state plan to exclude from income calculations any income earned by a spouse who provides more than twenty-five percent of daily care to their partner, who is applying for or receiving services under a Medicaid waiver program. This change is intended to support caregivers and ensure that spousal income does not negatively impact eligibility for essential services.
The bill is set to take effect on October 1, 2026, and introduces new legal language to facilitate this exclusion of spousal income from calculations. The statement of purpose emphasizes the goal of alleviating financial burdens on caregivers while ensuring that individuals in need of home and community-based services can access the support they require without being penalized by their spouse's income.