Amendment ID: S2889-2-R1

Redraft Amendment 2

Stop MassHealth Estate Recovery

Ms. Comerford, Messrs. Keenan and Mark, Ms. Rausch and Messrs. Collins, Barrett, Eldridge, Moore, Lewis, Payano, Oliveira and Brady move that the proposed new text be amended by adding the following sections:-

“SECTION 17A. Section 31 of chapter 118E of the General Laws, is hereby amended by inserting after subsection (b) the following subsection:-

(b½) This subsection shall apply to estates of individuals dying on or after August 1, 2024. There shall be no adjustments or recovery of medical assistance correctly paid except for recovery from the estate of an individual who was:

(i) regardless of age, a resident in a nursing facility or other medical institution within the meaning of 42 U.S.C. 1396p(a)(1)(B)(i) when the individual received such assistance; provided, however, that recovery of such assistance shall be limited to assistance provided on or after March 22, 1991; or

(ii) 55 years of age or older when the individual received such assistance, where such assistance was for services provided on or after October 1, 1993, but only for medical assistance consisting of nursing facility services, home and community-based services and related hospital and prescription drug services for which estate recovery is mandated by 42 U.S.C. 1396p(b)(1)(B)(i) or other federal law.

Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child under the age of 21 years or who is an individual who is blind or an individual with a disability.

SECTION 17B. Said section 31 of said chapter 118E, as so appearing, is hereby further amended by adding the following subsection:-

(e) Notwithstanding subsection (b½), there shall be no adjustment or recovery of medical assistance correctly paid from the estate of an individual who was receiving such assistance under the CommonHealth program for adults with disabilities or for payment of personal care attendant services; provided, that the executive office shall seek federal authority, if required, to implement this subsection.”