SENATE DOCKET, NO. 1077        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 517

 

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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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 to preserve eligibility for PACE program and certain waivered participants.

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PETITION OF:

 

Name:

District/Address:

James B. Eldridge

Middlesex and Worcester

Sal N. DiDomenico

Middlesex and Suffolk

James M. Murphy

4th Norfolk

Michael O. Moore

Second Worcester

Patricia D. Jehlen

Second Middlesex

Anthony W. Petruccelli

First Suffolk and Middlesex


SENATE DOCKET, NO. 1077        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 517

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 517) of James B. Eldridge, Sal N. DiDomenico, James M. Murphy, Michael O. Moore and other members of the General Court for legislation to preserve eligibility for PACE program and certain waivered participants.  Health Care Financing.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

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An Act to preserve eligibility for PACE program and certain waivered participants.

 

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

Section 25 of Chapter 118E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in subsection (5) by striking the second paragraph and inserting in place thereof the following paragraph:-

In any case where the monthly income of an applicant or recipient is in excess of the exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this chapter, shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income for a period of six consecutive months, which includes the period when such service was provided; provided, however that in such cases where  the individual’s gross income is greater than 300% of the federal Supplemental Security Income level but less than the average monthly cost of nursing home care as calculated by the division and the individual is participating in a Home and Community Based Waiver, under 42 USC 1396a(10)(a)(ii)(VI) or a PACE Program, under 42 USC 1396u-4 or 42 USC 1395eee, the division shall charge a premium, equal to the difference between the individual’s gross income and 300% of the federal Supplemental Security Income level, on a monthly basis.  The division shall apply for any federal waivers necessary to implement this provision.