Same Sex Married Couples To Have Access To Equal Benefits

Boston, MA -July 31, 2008. Governor Deval Patrick signed the MassHealth Equality bill into law today, ensuring that same sex married couples are eligible for spousal benefits under the state/federal Medicaid program, known as MassHealth. The MassHealth Equality law is the first piece of legislation that codifies the 2003 Goodridge decision for marriage equality in the Commonwealth.
 
Medicaid is a unique program, funded by both state and federal dollars and the federal Defense of Marriage Act (DOMA) does not recognize same sex married couples although Massachusetts' state law does.
 
"The purpose of the bill is quite simple - Medicaid has established benefits and protections for married couples and we want to ensure that those are extended to Massachusetts' same sex married couples as well " said Dale Mitchell, President of the LGBT Aging Project and Chair of it's Policy Committee.
 
Medicaid's spousal benefits and protections are especially meaningful for older married couples that are facing nursing home care. With average nursing home costs of at least $75,000 a year many couple's assets are depleted and they must turn to Medicaid to cover their care. Medicaid spousal benefits ensure that the spouse remaining in the community can keep their family home and enough of their joint assets to live independently in the community. Without these protections the community spouse could face homelessness and impoverishment.
 
"We want to thank Governor Patrick for signing this landmark legislation. He is acknowledging and affirming older same sex married couples that have faced decades of discrimination. MassHealth Equality reaffirms the Commonwealth's commitment to true marriage equality." Said Lisa Krinsky Director of the LGBT Aging Project.
 
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For more information about this topic please contact Lisa Krinsky, Director  of the LGBT Aging Project at 617.522.6700 x307 or email Lkrinsky@ethocare.org.