HOUSE DOCKET, NO. 968        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 519

 

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

1/14/2015

Carolyn C. Dykema

8th Middlesex

1/29/2015

Robert M. Koczera

11th Bristol

1/29/2015

Paul McMurtry

11th Norfolk

 


HOUSE DOCKET, NO. 968        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 519

By Mr. Fernandes of Milford, a petition (accompanied by bill, House, No. 519) 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. 542 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

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.