New York State has gradually expanded use of spousal impoverishment protections in various home care programs. Once available only in the Lombardi Long Term Home Health Care program, these protections have expanded to all Managed Long Term Care (MLTC) services, and other Home and Community Based Services (HCBS) waiver programs such as , the Traumatic Brain Injury (TBI) and Nursing Home Transition and Diversion (NHTD) waiver programs.
In March 2014, the NYS Dept. of Health issued a Medicaid update to nursing homes, MLTC plans and other Medicaid providers. NYS DOH Medicaid Update March 2014, Vol. 30 No. 3 at pp. 5-8. This document requires that they provide
an "Information Notice to Couples with an Institutionalized Spouse" to all married consumers (page 5- 8 of link) and issues a new "Request for Assessment" form with which one may request spousal budgeting (page 9 of link).
Please see this article for more information.