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HR 2131 100th Congress House

Medicaid Community Property and Respite Care Act of 1987

Official title: A bill to amend title XIX of the Social Security Act to treat a couple's income and resources as community property in determining an institutionalized spouse'… Show full official titleShow less

Official title: A bill to amend title XIX of the Social Security Act to treat a couple's income and resources as community property in determining an institutionalized spouse's eligibility for medicaid assistance, to prevent spousal impoverishment as a result of institutionalization of one spouse, and to permit coverage of respite care under State medicaid programs.

Introduced: June 16, 1987 See on congress.gov
Social Welfare Community propertyDomestic Relations and FamiliesHealthHospital patients
More subjectsShow fewer subjects
Long-term careMedicaidPublic assistance programsSocial security eligibilitySupport of dependents
This bill died when the 100th Congress ended
It never became law before the 100th Congress (1987–1988) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 27, 1987
Referred to Subcommittee on Health and the Environment.
Apr 22, 1987
Referred to House Committee on Energy and Commerce.
Apr 22, 1987
Introduced in House
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 Latest action April 27, 1987

Referred to Subcommittee on Health and the Environment.

 Plain-English summary Congressional Research Service

Medicaid Community Property and Respite Care Act of 1987 - Title I: Community Property and Prevention of Spousal Impoverishment - Amends title XIX (Medicaid) of the Social Security Act to treat the income and resources of an institutionalized individual and his or her community spouse as community property in determining their Medicaid eligibility.

Requires that, after an institutionalized individual is determined to be eligible for Medicaid, a monthly income allowance (allowance) be deducted from the institutionalized individuals monthly income and paid to his or her community spouse to the extent such spouse's monthly income falls short of a minimum monthly maintenance needs allowance determined pursuant to a specified formula. Gives the institutionalized spouse the right to a hearing to establish that the allowance is not adequate to support the community spouse without financial duress so that an adequate amount of support will be substituted for the allowance.

Permits an institutionalized spouse to transfer resources to the community spouse to the extent the median net worth of male householders 65 years of age or older exceeds the amount of resources otherwise available to the community spouse.

Title II: Offering of Respite Care under Medicaid - Provides Medicaid coverage of respite care for up to 30 days in any calendar year. Prohibits coverage of more than 15 consecutive days of inpatient respite care or three consecutive days of in-home respite care.

 Committees of jurisdiction 2
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APA
U.S. Congress. (2026). H.R. 2131: Medicaid Community Property and Respite Care Act of 1987. 100th Congress. Open America. https://openamerica.io/bill/100-HR-2131/
MLA
"H.R. 2131: Medicaid Community Property and Respite Care Act of 1987." 100th Congress, 2026, Open America, https://openamerica.io/bill/100-HR-2131/.
Bluebook (legal)
H.R. 2131, 100th Cong. (2026), https://openamerica.io/bill/100-HR-2131/.
Markdown link
[H.R. 2131: Medicaid Community Property and Respite Care Act of 1987](https://openamerica.io/bill/100-HR-2131/)
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