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HHS Delivers Guidance to State Medicaid Agencies on States’ Freedom and Flexibility to Offer Financial Protections to Same-Sex Couples

Washington, DC–(ENEWSPF)–June 10, 2011.  Today, HHS’ Centers for Medicare & Medicaid Services (CMS) provided guidance to state Medicaid agencies clarifying that they are able to offer same-sex couples many of the same financial and asset protections available to opposite-sex couples when a partner is entering a nursing home or care facility.  In a letter sent today, CMS advised state agencies of their ability to ensure that same-sex partners can remain in shared homes without Medicaid liens being applied.  The guidance also clarifies that states have the flexibility to protect same-sex partners under estate recovery and transfer of assets rules.

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