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HOUSE DOCKET, NO. 1379        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3310


The Commonwealth of Massachusetts



Alice K. Wolf


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 promoting equal choice and related cost savings.






Patricia D. Jehlen


Jennifer E. Benson

37th Middlesex

William N. Brownsberger


James J. Dwyer

30th Middlesex

John H. Rogers

12th Norfolk

Carl M. Sciortino, Jr.

34th Middlesex

Denise Andrews

2nd Franklin

Cory Atkins

14th Middlesex

Linda Campbell

15th Essex

Anne M. Gobi

5th Worcester

Stephen Kulik

1st Franklin

David Paul Linsky

5th Middlesex

Tom Sannicandro

7th Middlesex

Timothy J. Toomey, Jr.

26th Middlesex

Ruth B. Balser

12th Middlesex

Gailanne M. Cariddi

1st Berkshire

Mark C. Montigny


Denise Provost

27th Middlesex

Joyce A. Spiliotis

12th Essex

David M. Torrisi

14th Essex

Thomas P. Conroy

13th Middlesex

Edward F. Coppinger

10th Suffolk

Thomas P. Kennedy


Thomas M. McGee

Third Essex and Middlesex

Dennis A. Rosa

4th Worcester

Stephen Stat Smith

28th Middlesex

Theodore C. Speliotis

13th Essex

Ellen Story

3rd Hampshire

Benjamin Swan

11th Hampden

Alice K. Wolf

25th Middlesex

HOUSE DOCKET, NO. 1379        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3310

By Ms. Wolf of Cambridge, a petition (accompanied by bill, House, No. 3310) of Alice K. Wolf and others relative to the personal care services administered by the Division of Medical Assistance.  Public Health. 


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



An Act promoting equal choice and related cost savings.


              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 118 E is hereby amended by adding after section 9E, the following section:--

              Section 9F. The division shall provide coverage for residential habilitation services for individuals age sixty or older, if such individual has been determined by the division to be clinically eligible for long term care services, and requires said residential habilitation services in order to remain living in the least restrictive setting appropriate to meet his needs in accordance with section 6 of this chapter.

              The term ?residential habilitation? shall mean ongoing services and supports provided to beneficiaries in a residential setting that are designed to assist beneficiaries in acquiring, maintaining, or improving the skills necessary to live in a community setting. Residential habilitation provides beneficiaries with daily staff intervention including care, supervision, and assistance in activities of daily living, instrumental activities of daily living, and community integration in a residential setting qualified by the division with 24-hour staffing . Residential habilitation may include the provision of medical and health-care services that are integral to meeting the daily needs of beneficiaries. 

              SECTION 2. Section 9 of Chapter 118E of the General Laws, as amended by Chapter 211 of the Acts of 2006, is hereby amended by inserting, after the words "long-term care needs of the individuals," the following:-

              The division shall provide, without requiring prior authorization, for up to sixty (60) days of eligibility for MassHealth Home and Community Based Services, including personal care services, for individuals who, upon discharge from an acute hospital, medical center, nursing facility, or health care facility including rehabilitation facilities and state hospitals, are presumed to be financially eligible for the MassHealth program and clinically eligible for home and community based services, as determined by an Aging Services Access Point or an Independent Living Center; provided  further the division shall promulgate such standards and regulations as may be necessary for the administration of said presumptive eligibility program.

              SECTION 3. Section 9 of Chapter 118 E is hereby amended by adding in the second sentence of the second paragraph, after the words ?requirements for Title XIX? the following language:--

              ?Any program of home and community based services funded pursuant to the provisions of this chapter or pursuant to the provisions chapter one hundred and eighteen G, in which family members are permitted to serve as paid caregivers, shall include spouses within the definition of family member.?

              SECTION 4. Section 12 of chapter 118 E as so appearing, is hereby amended in the first paragraph by inserting at the end thereof the following sentence:-

              ?Notwithstanding the provisions of any general or special law to the contrary, the division shall develop or amend any standards and regulations applicable to the personal care attendant program to include as eligible members those individuals who are otherwise eligible for said program, but who require supervision and cueing in order to perform two or more activities of daily living.?

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