HOUSE DOCKET, NO. 760        FILED ON: 1/14/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1161

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kate Hogan

_________________

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 protect MassHealth applicants facing undue hardship.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kate Hogan

3rd Middlesex

1/2/2019

Angelo J. Puppolo, Jr.

12th Hampden

1/29/2019

Harriette L. Chandler

First Worcester

1/29/2019

Brian W. Murray

10th Worcester

1/29/2019

Bradford Hill

4th Essex

1/30/2019

Marjorie C. Decker

25th Middlesex

1/30/2019

Steven Ultrino

33rd Middlesex

1/30/2019

Kay Khan

11th Middlesex

1/30/2019

Bud L. Williams

11th Hampden

1/30/2019

David F. DeCoste

5th Plymouth

1/30/2019

James B. Eldridge

Middlesex and Worcester

1/30/2019

David M. Rogers

24th Middlesex

1/31/2019

Thomas M. Stanley

9th Middlesex

1/31/2019

Tackey Chan

2nd Norfolk

1/31/2019

Natalie M. Higgins

4th Worcester

1/31/2019

Denise Provost

27th Middlesex

1/31/2019

Sean Garballey

23rd Middlesex

2/1/2019

James K. Hawkins

2nd Bristol

2/1/2019

Chynah Tyler

7th Suffolk

2/1/2019

William J. Driscoll, Jr.

7th Norfolk

2/1/2019


HOUSE DOCKET, NO. 760        FILED ON: 1/14/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1161

By Ms. Hogan of Stow, a petition (accompanied by bill, House, No. 1161) of Kate Hogan and others for legislation to establish criteria for MassHealth hardship waivers.  Health Care Financing.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2988 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act to protect MassHealth applicants facing undue hardship.

 

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.  Chapter 118E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 28 the following section:—

Section 28A.  A nursing facility resident may claim undue hardship in order to eliminate the period of ineligibility.  In accordance with P.L. 109-171 amending Section 1917(c)(2)(D) of the Social Security Act, the division shall establish procedures for determining whether undue hardship exists as a result of the imposition of a period of ineligibility, which shall include written notice to said individual that an undue hardship exception exists, a timely process for determining whether an undue hardship waiver shall be granted and an opportunity to appeal an adverse determination.  An individual may request an undue hardship waiver within 90 days after the date of the final decision to impose a period of ineligibility, including judicial appeals.

(a) There shall be a rebuttable presumption that an institutionalized individual is eligible for an undue hardship waiver if the individual provides documentation that all of the following criteria are met:

1) the individual has insufficient available resources, excluding the community spouse resource allowance, to provide medical care, food, shelter, clothing and other necessities of life such that the individual would be at risk of serious deprivation or harm;

2) the individual has made reasonable attempts to retrieve the transferred resources or receives adequate compensation;

3) there is no available less costly alternative to institutional care that would meet the individual's care needs; and

4) the period of ineligibility will not be a mere inconvenience to the applicant but rather will create a situation that would subject the applicant to risk of serious deprivation.

(b) A nursing facility need not express an intent to discharge the individual for nonpayment in order for a hardship waiver to be granted.

(c) The division shall promulgate regulations incorporating these criteria for consideration of an undue hardship waiver request.