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HOUSE DOCKET, NO. 3327 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1202
The Commonwealth of Massachusetts
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PRESENTED BY:
Kate Hogan
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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 adoption of the accompanying bill:
An Act to preserve special needs trusts for disabled seniors.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Hogan3rd Middlesex1/18/2023Patricia D. JehlenSecond Middlesex1/27/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/14/2023Lindsay N. Sabadosa1st Hampshire2/14/2023William M. Straus10th Bristol2/14/2023John Barrett, III1st Berkshire2/14/2023Kay Khan11th Middlesex2/27/2023David Paul Linsky5th Middlesex2/27/2023Daniel Cahill10th Essex2/27/2023Carol A. Doherty3rd Bristol2/27/2023James J. O'Day14th Worcester2/27/2023Kate Lipper-Garabedian32nd Middlesex2/27/2023Samantha Montaño15th Suffolk2/27/2023Tram T. Nguyen18th Essex2/27/2023 1 of 1
HOUSE DOCKET, NO. 3327 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1202
By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 1202) of Kate
Hogan and others relative to the disposal of resources for determining eligibility for Medicaid.
Health Care Financing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4792 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to preserve special needs trusts for disabled seniors.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 28 of chapter 118E of the General Laws, as appearing in the 2020 Official
2Edition, is hereby amended by adding the following paragraph:-
3 The division shall consider a transfer of assets by an individual age 65 or older or a
4transfer made for the sole benefit of an individual age 65 or older into a trust pursuant to 42
5U.S.C. 1396p(d)(4)(C), established for the sole benefit of said individual, to be a disposal of
6resources for fair market value, to the extent that such resources shall be available, under any
7circumstances, to be used by the trustee to provide goods and services to the individual, or to
8reimburse such costs, at fair market value.