HOUSE DOCKET, NO. 2230        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1966

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John V. Fernandes

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the calculation of income for spouses of nursing home residents..

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

John V. Fernandes

10th Worcester

1/20/2011

Denise Andrews

2nd Franklin

2/4/2011

Cory Atkins

14th Middlesex

2/3/2011

Stephen L. DiNatale

3rd Worcester

2/2/2011

James J. Dwyer

30th Middlesex

2/3/2011

Joyce A. Spiliotis

12th Essex

2/3/2011

Martin J. Walsh

13th Suffolk

2/3/2011


HOUSE DOCKET, NO. 2230        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1966

By Mr. Fernandes of Milford, a petition (accompanied by bill, House, No. 1966) of John V. Fernandes and others relative to the calculation of income for spouses of nursing home residents.  Elder Affairs.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2737 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to the calculation of income for spouses of nursing home residents..

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Subsection (c) of section 21A of chapter 118E is amended by deleting the current subsection and substituting the following new subsection:-

(c)  In making determinations under this section, the division shall revise the community spouse resource allowance as permitted or required by federal law.  Either spouse shall have the right to request a fair hearing at which, if it is shown that the income of the community spouse is less than the minimum monthly maintenance needs allowance of the community spouse, the referee shall revise the community spouse resource allowance, using methods permitted or required by federal law, to a level sufficient to generate the shortfall in income.  The division shall calculate interest income on the investment of the community spouse resource allowance using the average money market rates reported by Bank Rate Inc. on the date of the hearing.