HOUSE DOCKET, NO. 532        FILED ON: 1/11/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1128

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Christine P. Barber

_________________

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 transfers of assets by MassHealth members.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Christine P. Barber

34th Middlesex

1/11/2019

Carmine Lawrence Gentile

13th Middlesex

1/23/2019

Angelo J. Puppolo, Jr.

12th Hampden

1/28/2019

Mike Connolly

26th Middlesex

2/1/2019

Marjorie C. Decker

25th Middlesex

1/30/2019

William J. Driscoll, Jr.

7th Norfolk

2/1/2019

James B. Eldridge

Middlesex and Worcester

2/1/2019

James K. Hawkins

2nd Bristol

2/1/2019

Jonathan Hecht

29th Middlesex

2/1/2019

Natalie M. Higgins

4th Worcester

1/31/2019

Bradford Hill

4th Essex

1/30/2019

Daniel J. Hunt

13th Suffolk

1/29/2019

Kay Khan

11th Middlesex

1/30/2019

Denise Provost

27th Middlesex

1/31/2019

David M. Rogers

24th Middlesex

1/31/2019

Thomas M. Stanley

9th Middlesex

1/31/2019

Paul F. Tucker

7th Essex

2/1/2019


HOUSE DOCKET, NO. 532        FILED ON: 1/11/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1128

By Ms. Barber of Somerville, a petition (accompanied by bill, House, No. 1128) of Christine P. Barber and others relative to transfers of assets by MassHealth members.  Health Care Financing.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2210 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to transfers of assets by MassHealth members.

 

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: Section 28 of chapter 118E of the General Laws is hereby amended by inserting at the end thereof, the following section:

The division shall not impose a period of ineligibility against an individual who demonstrates that a transfer of assets by said individual or his spouse was intended exclusively for a purpose other than qualifying for MassHealth or was intended to be a transfer for fair market value. The division shall consider specific factors in determining whether the individual has met his burden in establishing such intent including but not limited to the following:

1) The individual provides documentation demonstrating a regular pattern of small transfers for at least three years consistent with the transfer in question;

2) The individual or his spouse made the transfer to a religious institution, charity or other non-profit entity in an amount consistent with prior charitable giving ;

3) at the time of the transfer the individual and his spouse had resources at or below the allowable limit for MassHealth eligibility for long term care;

4) the transfer was intended to alleviate a relative’s financial crisis, prevent a relative’s mortgage foreclosure or pay for a relative’s medical care; or

5) at the time of the resource transfer, the individual’s medical record did not indicate a significant likelihood that the individual would require nursing home services in the near future.

If the individual establishes any of the above factors, then the burden of proving that the individual intended the transfer of assets to qualify the individual for MassHealth shifts to the division.

The division shall promulgate regulations implementing this section.