Amendment #834 to H4200

Preserving eligibility for the PACE program & certain waivered services

Representatives Benson of Lunenburg, Moran of Lawrence, Heroux of Attleboro, Cutler of Duxbury, Ultrino of Malden, Walsh of Framingham, Linsky of Natick, Hecht of Watertown, Muratore of Plymouth, Khan of Newton, Wagner of Chicopee, Madden of Nantucket, Finn of West Springfield, Decker of Cambridge, Scibak of South Hadley, Tosado of Springfield, Vega of Holyoke, Boldyga of Southwick, Barber of Somerville, Parisella of Beverly, Chan of Quincy, Ferrante of Gloucester and O'Day of West Boylston move to amend the bill by adding the following section:

“SECTION XXXX. Section 25 of Chapter 118E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in subsection (5) by striking the second paragraph and inserting in place thereof the following paragraph:-

In any case where the monthly income of an applicant or recipient is in excess of the exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this chapter, shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income for a period of six consecutive months, which includes the period when such service was provided; provided, however that in such cases where the individual’s gross income is greater than 300% of the federal Supplemental Security Income level but less than the average monthly cost of nursing home care as calculated by the division and the individual is participating in a Home and Community Based Waiver, under 42 USC 1396a(10)(a)(ii)(VI) or a PACE Program, under 42 USC 1396u-4 or 42 USC 1395eee, the division shall charge a premium, equal to the difference between the individual’s gross income and 300% of the federal Supplemental Security Income level, on a monthly basis. The division shall apply for any federal waivers necessary to implement this provision”.

Additional co-sponsor(s) added to Amendment #834 to H4200

Preserving eligibility for the PACE program & certain waivered services