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HOUSE DOCKET, NO. 418        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 544


The Commonwealth of Massachusetts



Kay Khan


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 assist families caring for elders.






Kay Khan

11th Middlesex

Jennifer E. Benson

37th Middlesex

Antonio F. D. Cabral

13th Bristol

Edward F. Coppinger

10th Suffolk

Marcos A. Devers

16th Essex

Stephen L. DiNatale

3rd Worcester

Paul J. Donato

35th Middlesex

Carolyn C. Dykema

8th Middlesex

John V. Fernandes

10th Worcester

Gloria L. Fox

7th Suffolk

Sean Garballey

23rd Middlesex

Jonathan Hecht

29th Middlesex

Peter V. Kocot

1st Hampshire

Elizabeth A. Malia

11th Suffolk

Mark C. Montigny

Second Bristol and Plymouth

James M. Murphy

4th Norfolk

Alice Hanlon Peisch

14th Norfolk

Denise Provost

27th Middlesex

David M. Rogers

24th Middlesex

Carl M. Sciortino, Jr.

34th Middlesex

Thomas M. Stanley

9th Middlesex

Bruce E. Tarr

First Essex and Middlesex

Chris Walsh

6th Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

James J. O'Day

14th Worcester

HOUSE DOCKET, NO. 418        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 544

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 544) of Kay Khan and others relative to personal care or managerial services contracts for families caring for elderly relatives.  Elder Affairs. 


SEE HOUSE, NO. 1097 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act to assist families caring for elders.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              Section 28 of chapter 118E of the Massachusetts General Laws shall be amended by adding at the end of said section the following: 

              Payment for services pursuant to a contract between family members to provide personal care or managerial services shall be considered a legally and reasonably enforceable fair market value transaction if the contract meets the following criteria: 

              (1) The agreement indicates the type, frequency and duration of the services being provided to the applicant or member and the amount of consideration being paid to the caregiver;

              (2) The personal care services must enable the applicant or member to avoid or delay placement in a nursing facility or facilitate the return of an applicant or member from a nursing home to the community, as determined by a licensed medical professional or a licensed social worker;

              (3)  Payment for services is commensurate with a reasonable wage scale, based on the fair market value of the actual job performed and the qualifications of the caregiver;

              (4)  A lump sum payment by the applicant or member for services to be provided in the future, which is calculated based upon the applicant’s or member’s life expectancy, shall be considered an ascertainable fair market value transaction, provided that the contract requires the return of any prepaid monies to the applicant or member or his estate if the caregiver becomes unable to fulfill his/her duties under the contract or if the applicant or member dies before his/her calculated life expectancy.

              The department shall promulgate regulations governing the implementation of this section. 

              “Applicant” or “member” shall include the legal representative of the applicant or member. 

              “Managerial services” shall include the acquisition, coordination and monitoring of medical, financial, accounting, home maintenance and legal services to benefit the applicant or member. 

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