New Law Extends Financial Protections for Medi-Cal's Long Term Care Benefit to Same Sex Spouses and Registered Domestic Partners

December 27, 2011 (Los Angeles) –  A new law by Assembly Member Mike Feuer (D-Los Angeles) will provide same sex spouses and registered domestic partners of nursing home residents the same financial protections available to opposite sex married couples.  Without these protections, Californians in same sex relationships would risk losing access to joint financial resources, such as bank accounts or stock, when their partner or spouse applied for the Medi-Cal long term care benefit.  The new law takes effect on January 1, 2012.

“This new law addresses an inequity that would have left same sex spouses of nursing home residents without the means to support themselves,” said Feuer.  “When spouses make the difficult decision to place their loved ones in nursing homes, they should concentrate on finding the best possible care.  They should not have to worry that their spouse could lose access to joint financial resources and face poverty due to unequal treatment and discrimination.”

Under current law, Medi-Cal’s long term care benefit helps to pay for medical care and services for people who have a chronic illness or disability, including the costs of placing an elderly person into a nursing home.  To qualify for this benefit, some recipients are first required to contribute significant resources toward their medical costs.  Existing law provides protections for opposite sex married couples that allow them to shield assets so that the spouse outside the nursing home retains a means of financial support and is not forced into poverty by these cost-sharing requirements.

Unfortunately, these critical protections currently do not apply to same sex spouses or registered domestic partners, who therefore face the prospect of being denied access to shared assets.  The federal government recently issued a memo clarifying that states have flexibility in administering the long term care benefit.  Assembly Bill 641 enables California to take the lead in ensuring that same sex couples are afforded the same financial protections provided to opposite sex couples.  The new law mandates the implementation of the spousal assets protections for same sex couples and registered domestic partners and requires DHCS to fast track implementation.

A full copy of the new law is available here.

Assembly Member Feuer’s website:  http://www.assembly.ca.gov/feuer

Contact:  Arianna Smith, 916-319-2042