SENATE DOCKET, NO. 802        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 709

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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 relative to transfer of assets by MassHealth members.

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PETITION OF:

SENATE DOCKET, NO. 802        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 709

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 654 OF 2017-2018.]

The Commonwealth of Massachusetts

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

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An Act relative to transfer 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 as appearing in the 2016 Official Edition 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.