Bill Text: MA H2737 | 2009-2010 | 186th General Court | Introduced


Bill Title: The calculation of income for spouses of nursing home residents

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-28 - Bill reported favorably by committee and referred to the Joint Committee on Health Care Financing [H2737 Detail]

Download: Massachusetts-2009-H2737-Introduced.html

The Commonwealth of Massachusetts

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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 passage of the accompanying bill:

An Act relative to the calculation of income for spouses of nursing home residents.

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PETITION OF:

 

Name:

District/Address:

John V. Fernandes

10th Worcester

Stephen L. DiNatale

3rd Worcester

Barbara A. L'Italien

18th Essex

James R. Miceli

19th Middlesex

Denise Provost

27th Middlesex

Robert L. Rice, Jr.

2nd Worcester

Joyce A. Spiliotis

12th Essex

William N. Brownsberger

24th Middlesex

Patricia D. Jehlen

Second Middlesex

Mark V. Falzone

9th Essex

Mary E. Grant

6th Essex

Geraldo Alicea

6th Worcester

Ruth B. Balser

12th Middlesex

Mary E. Grant

6th Essex

Kathi-Anne Reinstein

16th Suffolk

Walter F. Timilty

7th Norfolk

Theodore C. Speliotis

13th Essex

Kay Khan

11th Middlesex


 

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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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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