On the front lines of battle to preserve spousal refusal
With the East Coasts greatest concentration of senior citizens, Brooklyn and New York City residents would feel the greatest impact from Governor Andrew Cuomos Executive Budget proposal to alter spousal refusal a federal law that grants a healthy spouse the right to separate his or her income and assets from that of their sick spouse, providing access to health care assistance and thus protecting the well spouse from bankruptcy.
The new law proposed would not fully eliminate spousal refusal, since it is guaranteed under federal law. However, it would restrict spousal refusal to only those couples who send the sick husband or wife to a nursing home no home care allowed. It would also reduce the amount of lifetime assets protected from $113,640 down to $20,850.
While spousal refusal has been on the chopping block every year, then saved at the last minute, senior advocates say that this year, Cuomo seems to have taken a much more aggressive stance on it.