In marriage vows taken 63 years ago, Terry and Sidney Kaide pledged to be together in sickness and in health — but they never took into account red tape that won't allow them to live in the same care home.

They have lived apart for more than two years as a result of a law intended to protect Medicaid recipients and give them equal access to certain types of residential care homes.

Three times the Kaides asked the state Department of Human Services for a waiver from the law that prohibits more than one non-Medicaid patient from living in the same residential foster care home.

Three times they were denied.

Now Sidney's health is failing, and the couple's hopes rest with lawmakers.

Yesterday, Terry Kaide, 83, sat in her wheelchair in the gallery at the state Capitol and watched as the House Health Committee moved a bill that would help the Kaides and others like them get one step closer to approval. Her 89-year-old husband, who is bedridden, was in his care home bed in Hilo.

She lives in another care home in Hilo, about 12 miles away, and must pay her provider an additional $500 a month so she can be driven to visit her husband.

The measure, Senate Bill 190, calls for allowing two non-Medicaid patients to live in the same adult residential foster home if the two people are married, reciprocal beneficiaries, siblings, the parent of a child or best friends.

If the bill wins final legislative approval and Gov. Linda Lingle signs it into law, as she has indicated she would, Kaide could move into the vacant bed in the same room in the same house as her husband. The measure already cleared the state Senate, and must be approved by the House money committee, then the full House before it's sent to the governor.

"We're hoping by April that we'll be together," Kaide said. "I worked my whole life and we saved so when we're old we could pay for our care. Now we can't even be together.

"I see this bill not only for me, but for the rest of the older people who face the same problem."

FOR MEDICAID PATIENTS

The current law is designed to protect Medicaid patients, said state Rep. John Mizuno D-30th (Kamehameha Heights, Kalihi Valley, Fort Shafter). Essentially, the law levels the playing field so low-income residents have equal access to the individual care offered in a residential foster care home, which allows up to three patients.

"It makes sense to give the Medicaid patients a shot at a residential care home," Mizuno said.

But, he said of yesterday's action on SB 190, "It's not often we can do something so compelling and something with so much heart."

Even if the bill becomes law, the changes will sunset in two years unless lawmakers make them permanent, he said.

"DHS could have fixed this problem, but they may have wanted to get the guidance of the Legislature," he said.

The Kaides have not lived together since 2003 when Sidney suffered a stroke and was left bedridden. Still it wasn't that bad in the beginning, as Terry Kaide still lived at home and could bring him home-cooked meals and visit him daily in the care home.

But two years ago, Terry Kaide needed back surgery, and complications left her needing skilled nursing care herself. But even though there was an empty bed in her husband's room, she couldn't stay at that care home because the law doesn't allow two people in a residential foster care facility to pay privately.

So she moved into another care home.

One of the Kaides' three daughters, Charlotte, who lives in California, said every day gets her parents one step closer to being reunited.

"My dad's health is so frail," she said yesterday at the Capitol.

TIME RUNNING SHORT

Until the Legislature and governor can act, the Big Island couple will continue to see each other whenever they can. Sometimes their visits last an hour, sometimes two. And some days, Terry doesn't get to see Sidney at all.

"When I see him, he is so happy. I can get him to squeeze my hand," Terry Kaide said. "I see my husband's health deteriorating, and each day could be his last. I want to live with my husband before the Lord takes us home. We don't have much time left."