S.F. _____ H.F. _____ Section 1. Section 249A.3, subsection 9, Code 2019, is 1 amended to read as follows: 2 9. Beginning October 1, 1990, in In determining the 3 eligibility of an institutionalized individual for assistance 4 under this chapter , the department shall establish a minimum 5 community spouse resource allowance in an amount which is the 6 greater of twenty-four thousand dollars to be retained for the 7 benefit of the institutionalized individual’s community spouse 8 in accordance with or the minimum required as a condition of 9 receipt of federal funding pursuant to section 1924(f)(2)(A)(i) 10 of the federal Social Security Act, as codified in 42 U.S.C. 11 §1396r-5(f)(2)(A)(i), and as adjusted pursuant to section 12 1924(f) 1924(g) of the federal Social Security Act as codified 13 in 42 U.S.C. §1396r-5(f) §1396r-5(g) . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill amends the amount allowed to be retained for 18 the benefit of the community spouse of an institutionalized 19 individual to comply with federal law. The bill provides 20 that the amount is the greater of the current $24,000 amount 21 stated in state law or the minimum required under federal 22 law as a condition of receipt of federal funding under the 23 Medicaid program. The minimum allowances under the minimum 24 spousal impoverishment standards released by the centers for 25 Medicare and Medicaid Services of the United States department 26 of health and human services (CMS) effective on January 1 of 27 the respective year are $24,180 for 2017, $24,720 for 2018, and 28 $25,284 for 2019. 29 -1- LSB 1213XD (4) 88 pf/rh 1/ 1