HOUSE DOCKET, NO. 319 FILED ON: 1/9/2013
HOUSE . . . . . . . . . . . . . . . No. 542
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:
An Act relative to the calculation of income for spouses of nursing home residents..
_______________
PETITION OF:
Name: | District/Address: |
John V. Fernandes | 10th Worcester |
James J. O'Day | 14th Worcester |
Jonathan Hecht | 29th Middlesex |
Randy Hunt | 5th Barnstable |
Denise Provost | 27th Middlesex |
Kate Hogan | 3rd Middlesex |
James M. Murphy | 4th Norfolk |
Carolyn C. Dykema | 8th Middlesex |
Jennifer E. Benson | 37th Middlesex |
Tricia Farley-Bouvier | 3rd Berkshire |
Chris Walsh | 6th Middlesex |
Bruce E. Tarr | First Essex and Middlesex |
Kay Khan | 11th Middlesex |
Theodore C. Speliotis | 13th Essex |
HOUSE DOCKET, NO. 319 FILED ON: 1/9/2013
HOUSE . . . . . . . . . . . . . . . No. 542
By Mr. Fernandes of Milford, a petition (accompanied by bill, House, No. 542) of John V. Fernandes and others relative to the calculation of income for spouses of nursing home residents. Elder Affairs. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE
HOUSE
, NO. 1966 OF 2011-2012.]
The Commonwealth of Massachusetts
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.
