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HOUSE DOCKET, NO. 319         FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 542

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John V. Fernandes

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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 the calculation of income for spouses of nursing home residents..

_______________

PETITION OF:

 

Name:

District/Address:

John V. Fernandes

10th Worcester

James J. O'Day

14th Worcester

Jonathan Hecht

29th Middlesex

Randy Hunt

5th Barnstable

Denise Provost

27th Middlesex

Kate Hogan

3rd Middlesex

James M. Murphy

4th Norfolk

Carolyn C. Dykema

8th Middlesex

Jennifer E. Benson

37th Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Chris Walsh

6th Middlesex

Bruce E. Tarr

First Essex and Middlesex

Kay Khan

11th Middlesex

Theodore C. Speliotis

13th Essex


HOUSE DOCKET, NO. 319        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 542

By Mr. Fernandes of Milford, a petition (accompanied by bill, House, No. 542) 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. 1966 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

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.               

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