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96% of the Money That Keeps People Home Is Optional. Most of the Money That Institutionalizes Them Is Not.

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96% of the Money That Keeps People Home Is Optional. Most of the Money That Institutionalizes Them Is Not.

Federal Medicaid law makes nursing facility care mandatory and home and community based services optional. MACPAC’s own numbers show what that does to the budget, and it explains why the same services get cut every single time.

By Jim Palasty · 12 min read · Optional benefits
Step 01
Congress writes a list
Federal Medicaid law names certain benefits mandatory. Nursing facility services for adults are on that list. Home and community based services are not.
Step 02
States build around it
Every state covers the mandatory benefits. Home care exists through waivers and optional state plan authority, which states may narrow, cap, or waitlist.
Step 03
A budget year gets hard
Cutting a mandatory benefit requires changing federal law. Cutting an optional one requires a state budget vote. Guess which one moves.
Start here
When you write to a legislator this year, use the word optional and make them respond to it

Most people who vote on these budgets do not know that the services keeping your family member out of an institution are legally classified as optional while the institution itself is mandatory. It is the single most useful fact you can hand them, because it reframes the choice. You are not asking them to fund something extra. You are asking them to keep choosing the cheaper of two options that federal law already forces the state to provide one way or the other.

Mandatory means protected

A mandatory benefit cannot be eliminated by a state legislature. It takes an act of Congress. That protection is doing enormous work, and it is pointed at the wrong service.

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Optional does not mean extra

Optional is a legal classification, not a judgment about necessity. Prescription drugs are optional under federal Medicaid law. So is home care. So is nearly the entire waiver system.

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33%

Institutional LTSS

Only 33% of institutional long term services and supports spending was optional in FY 2023. Two thirds of it sits behind federal protection your home care does not have.

38.8%

Of all Medicaid spending

Optional enrollees or optional services accounted for 38.8% of total Medicaid spending in FY 2023, about $319.4 billion of $823 billion. That is the pool every cut conversation starts from.

Where the disabled sit

Of the $237.9 billion spent on blind or disabled enrollees in FY 2023, 55.6% was optional. For aged enrollees it was 60.2%. Both are above the program average.

The structural trap

The population with the highest support needs is concentrated in the least protected part of the budget. That is not bad luck. It is how the statute was built.

What federal law protects, and what it does not

Nursing facility services, 21+Mandatory
Inpatient and outpatient hospitalMandatory
Home health for those entitled to NF careMandatory
Section 1915(c) HCBS waiversOptional
Personal care servicesOptional
Prescription drugsOptional
ICF/IID servicesOptional
Self-directed and participant-directed modelsOptional
What optional felt like from my kitchen

A caseworker told me the community living supports hours were being reduced because of the budget. I asked whether they could reduce the nursing home instead. She laughed, not unkindly, and said that was not how it worked. It took me two more years to find out she was describing federal law and not just being cynical.

It is not attitude. It is architecture.
Your move

How to use this in an actual advocacy letter

Build the argument this way

  1. 1Open with the person, not the statute. One paragraph on what a day looks like and who provides it.
  2. 2Name the classification. State plainly that home and community based services are optional under federal Medicaid law and nursing facility care is mandatory.
  3. 3Give the comparison. Cite the FY 2023 figures: 96% of non-institutional long term services and supports spending was optional, against 33% of institutional.
  4. 4Make the cost argument. Ask what the state pays per person for institutional placement against what it pays for the waiver services keeping that person home.
  5. 5Ask for something specific and votable, not for support in general. A line item, a rate, an appropriation.
  6. 6Close with a request for a written response and a meeting date. Then follow up on the date you named.

Facts to keep in the letter

  • Optional enrollees or services were 38.8% of Medicaid spending in FY 2023
  • That is roughly $319.4 billion of $823 billion in combined spending
  • Non-institutional long term services and supports: 96% optional
  • Institutional long term services and supports: 33% optional
  • Blind or disabled enrollee spending: 55.6% optional
  • Aged enrollee spending: 60.2% optional
  • Source is MACPAC, the commission that advises Congress on Medicaid
  • Your own county’s waiver waiting status, in one sentence

You are not asking anyone to be generous. You are asking them to notice that the law already made this choice badly, and that the state can choose better.

The full story · For readers who want context

For about three years I thought the reason our services kept getting trimmed was that somebody in Lansing did not care very much. Then I read a MACPAC table and understood I had been angry at the wrong thing the entire time.

Federal Medicaid law divides benefits into two categories. Mandatory benefits are the ones every state must cover to participate in the program at all. Optional benefits are the ones a state may cover, and may stop covering, and may cap or waitlist or narrow at will.

Nursing facility services for adults are mandatory. Home and community based services, delivered through Section 1915(c) waivers, are optional. Personal care is optional. Self-direction is optional. ICF/IID services are optional. Prescription drugs, for that matter, are optional. Nearly the entire apparatus that lets a person with high support needs live in a house instead of a facility sits in the optional column.

Once you know that, every frustrating conversation you have ever had with a state agency reorganizes itself.

What the numbers actually look like

MACPAC, the Medicaid and CHIP Payment and Access Commission, is the nonpartisan body that advises Congress on this program. In March 2026 it presented an analysis of mandatory and optional enrollment and spending using FY 2023 data. The findings are not subtle.

Optional enrollees or optional services accounted for 38.8% of total Medicaid spending, about $319.4 billion out of $823 billion. That is the pool that every deficit conversation in Washington and every difficult state budget year starts from, because it is the part that can legally be reduced.

Then look at where long term services and supports fall inside that pool. Non-institutional long term services and supports were 96.0% optional, about $159.7 billion of $166.4 billion. Institutional long term services and supports were 33.0% optional, about $34.0 billion of $102.9 billion.

Read those two lines next to each other one more time. Almost all of the money that keeps people in their homes is legally unprotected. Two thirds of the money that puts them in institutions is legally protected.

This is the whole argument in one sentence. Federal Medicaid law protects the most expensive, most restrictive, least preferred setting, and leaves the cheaper, less restrictive, universally preferred alternative exposed to every budget cycle. Nobody sat down in 1965 and decided to do that on purpose. It is a fossil. The mandatory list was written when institutional care was what long term care meant, and the list never caught up to the fifty years of policy that followed it.

Why this hits disabled people hardest

The same MACPAC analysis shows that of the $237.9 billion spent on blind or disabled enrollees in FY 2023, 55.6% was optional. For aged enrollees, 60.2% was optional. Both figures sit above the 38.8% program average.

So the population with the highest support needs, the longest service duration, and the least ability to absorb a disruption is disproportionately concentrated in the least protected part of the budget. When a state needs savings, it does not go looking for disabled people. It goes looking for optional spending, and disabled people are already standing there.

That is why the same services get cut over and over. Not because anyone targets them. Because the search function returns them first.

The part that makes fiscal conservatives allies

I want to make this argument in a way that works in rooms where I am not the majority, because those are the rooms where the votes are.

Institutional care is generally the most expensive way to support a person with a disability. Community based services generally cost less per person and produce outcomes people actually want. When a state trims waiver services, it does not remove the need. The need shows up somewhere else, in emergency rooms, in police calls, in crisis placements, in institutional admissions that federal law then requires the state to pay for.

So the structure produces a genuinely perverse result. A state saves money on paper by cutting the optional service, and then pays more in the mandatory one. This is not a progressive argument or a conservative argument. It is an accounting argument, and it should be the easiest sell in the building.

What to do with this fact

Put the word optional in front of a legislator. Most of them do not know. That is not an insult; nobody memorizes Title XIX. When you tell a state representative that the nursing home is mandatory and your daughter’s community living supports are optional, you have handed them a frame they did not have, and frames are what people repeat in caucus.

Cite MACPAC, not an advocacy group. I say this with affection for advocacy groups, including the ones I rely on. But MACPAC advises Congress and has no dog in the fight, and a staffer who dismisses a disability organization’s number will not dismiss the commission’s.

Ask for the state’s own cost comparison. Every state Medicaid agency knows what it pays per person for institutional placement and what it pays for waiver services. Ask for both figures. Ask in writing. That comparison is the strongest exhibit in this entire argument and it is sitting in a spreadsheet somebody already built.

Stop apologizing for asking. The optional classification has a way of getting inside families’ heads, until we start describing our children’s daily support as though it were a benefit somebody extended out of kindness. It is not. It is the cheaper half of a choice federal law forces the state to make. We are asking the state to take the deal that costs less and works better.

I was angry at the wrong thing for three years. Be angry at the right thing faster than I was, and then go tell somebody who can change it.