SENATE DOCKET, NO. 1480 FILED ON: 1/12/2009
SENATE . . . . . . . . . . . . . . No. 59
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C.
Montigny
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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 to assist families care for elders.
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PETITION OF:
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Name:
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District/Address:
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Mr. Montigny
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Second Bristol and Plymouth
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Susan C. Tucker
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Second Essex and Middlesex
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Thomas P. Kennedy
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Second Plymouth and Bristol
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Brian A. Joyce
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Norfolk, Bristol and Plymouth
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Sonia Chang-Díaz
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Second Suffolk
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Anthony D. Galluccio
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Middlesex, Suffolk and Essex
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Kay Khan
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11th Middlesex
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act to assist families care for elders.
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.
Section 28 of
C
hapter 118E of the Massachusetts General Laws shall be amended by adding at the end of said section the following:-
Payment for services p
ursuant to a contract between family members to provide personal care or managerial services shall be considered a legally and reasonably enforceable
fair market value transaction if the contract
meets the following criteria:
(1) The agreement indicates t
he type, frequency and duration of the services being provided to the applicant or member and the amount of consideration being paid to the caregiver;
(2) The personal care services must enable the applicant or member to avoid or delay placement in a nurs
ing facility or facilitate the return of an applicant or member from a nursing home to the community, as determined by a licensed medical professional or a licensed social worker;
(3) Payment for services is commensurate with a reasonable wage scale, base
d on the fair market value of the actual job performed and the qualifications of the caregiver;
(4) A lump sum payment by the applicant or member for services to be provided in the future, which is calculated based upon the applicant’s or member’s life ex
pectancy, shall be considered an ascertainable fair market value transaction, provided that the contract requires the return of any prepaid monies to the
applicant or member or his estate if the caregiver becomes unable to fulfill his/her duties under the
contract or if the applicant or member dies before his/her calculated life expectancy.
The department shall promulgate regulations governing the i
mplementation of this section.
“Applicant” or “member” shall include the legal representative of the applica
nt or member.
“Managerial services” shall include the acquisition, coordination and monitoring of medical, financial, accounting, home maintenance and legal services to benefit the applicant or member.
