The Commonwealth of Massachusetts
_______________
PRESENTED BY:
John V. Fernandes
_______________
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
_______________
In the Year Two Thousand and Nine
_______________
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.