| 1 | 1 | | HOUSE . . . . . . . No. 4841 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ______________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, July 9, 2024. |
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| 5 | 5 | | The committee on Ways and Means, to whom was referred the Bill to |
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| 6 | 6 | | preserve special needs trusts for disabled seniors (House, No. 1202), |
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| 7 | 7 | | reports recommending that the same ought to pass with an amendment |
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| 8 | 8 | | substituting therefor the accompanying bill (House, No. 4841). |
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| 9 | 9 | | For the committee, |
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| 10 | 10 | | AARON MICHLEWITZ. 1 of 1 |
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| 11 | 11 | | FILED ON: 7/9/2024 |
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| 12 | 12 | | HOUSE . . . . . . . . . . . . . . . No. 4841 |
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| 13 | 13 | | The Commonwealth of Massachusetts |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | In the One Hundred and Ninety-Third General Court |
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| 16 | 16 | | (2023-2024) |
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| 17 | 17 | | _______________ |
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| 18 | 18 | | An Act to preserve special needs trusts for disabled seniors. |
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| 19 | 19 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 20 | 20 | | of the same, as follows: |
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| 21 | 21 | | 1 Section 28 of chapter 118E of the General Laws, as appearing in the 2022 Official |
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| 22 | 22 | | 2Edition, is hereby amended by adding the following paragraph:- |
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| 23 | 23 | | 3 The division shall consider a transfer of assets by an individual age 65 or older or a |
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| 24 | 24 | | 4transfer made for the sole benefit of an individual age 65 or older into a trust pursuant to 42 |
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| 25 | 25 | | 5U.S.C. 1396p(d)(4)(C), established for the sole benefit of said individual, to be a disposal of |
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| 26 | 26 | | 6resources for fair market value, to the extent that such resources shall be available, under any |
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| 27 | 27 | | 7circumstances, to be used by the trustee to provide goods and services to the individual, or to |
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| 28 | 28 | | 8reimburse such costs, at fair market value. |
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