SENATE DOCKET, NO. 194 FILED ON: 1/18/2011
SENATE . . . . . . . . . . . . . . No. 266
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Gale D. Candaras
_______________
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 to correct income calculation for spouses of nursing home residents..
_______________
PETITION OF:
Name: | District/Address: |
Gale D. Candaras |
[District]
|
Theodore C. Speliotis | 13th Essex |
Benjamin Swan | 11th Hampden |
SENATE DOCKET, NO. 194 FILED ON: 1/18/2011
SENATE . . . . . . . . . . . . . . No. 266
By Ms. Candaras, petition (accompanied by bill, Senate, No. 266) of Swan, Speliotis and Candaras for legislation to correct income calculation for spouses of nursing home residents [Joint Committee on Elder Affairs]. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE
SENATE
, NO. 308 OF 2009-2010.]
The Commonwealth of Massachusetts
An Act to correct income calculation 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 of the General Laws 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 Monitor National Index on the date of the hearing.
