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Aug 4, 2014 by |

Update From Medicaid on Same Sex Spouses and Benefits

ATTORNEY NEWSLETTER

It has been more than a year since the landmark Supreme Court ruling in United States v. Windsor. The effect of the decision on law and policy continues to evolve. Recently the Centers for Medicare and Medicaid Services (CMS) released a new guideline that pertains to same sex benefits. The Centers for Medicare and Medicaid Services sent a letter to Medicaid Directors in each state. The letters provided instruction regarding the impact of the Supreme Court decision for Medicaid populations that are not Modified Adjusted Gross Income participants. California financial elder abuse attorneys are waiting to see how the decision will impact health care recipients.

The guidance provided by the Centers for Medicare and Medicaid Services gives the states discretion to decide which marriage policy to adhere to for the purposes of state Medicaid eligibility. Individual states can decide to apply the federal marriage recognition policy, or the state’s own marriage recognition policy when determining Medicaid eligibility. The federal policy recognizes any state marriage that is valid. The state laws vary on the subject. The new instructions are consistent with previous policy guidelines issued after the United States v. Windsor decision. California financial elder abuse attorneys are glad that policy guidelines are being issued.

States will be updating their own Medicaid policies in coming months. California financial elder abuse attorneys are looking forward to seeing what the new state policies will be.

Evans Law Firm, Inc. handles elder abuse, financial elder abuse, physical elder abuse, annuity fraud, consumer fraud class actions, insurance and banking fraud cases. If you think that you have witnessed or are the victim of elder abuse, or financial fraud then contact Evans Law Firm, Inc. at 415-441-8669 for a free and confidential consultation, or email us at info@evanslaw.com

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