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| 2 | 2 | | HOUSE DOCKET, NO. 2245 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 626 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Sean Garballey |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act increasing the personal needs allowance for residents of long term care facilities. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023Patricia D. JehlenSecond Middlesex1/20/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Jay D. Livingstone8th Suffolk2/15/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2245 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 626 |
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| 18 | 18 | | By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 626) of |
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| 19 | 19 | | Sean Garballey and others for legislation to increase the personal needs allowance for certain |
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| 20 | 20 | | elderly and disabled residents residing in licensed medical facilities. Elder Affairs. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 735 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act increasing the personal needs allowance for residents of long term care facilities. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 1 of chapter 117A of the General Laws is hereby amended by |
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| 32 | 32 | | 2striking out the second paragraph and inserting in place thereof the following paragraph:- |
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| 33 | 33 | | 3 Any person eligible for assistance under this chapter who is not maintaining his home and |
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| 34 | 34 | | 4is receiving care in or residing in a licensed nursing facility, licensed chronic hospital, licensed |
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| 35 | 35 | | 5rest home, or an approved public medical institution as defined in section 8 of chapter 118E, |
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| 36 | 36 | | 6shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure |
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| 37 | 37 | | 7activities. If there is no such income or if it is less than the amount of $100.00, such a person |
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| 38 | 38 | | 8shall be paid monthly in advance the difference between such income and said amount. Said |
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| 39 | 39 | | 9amount shall be increased annually each fiscal year at the same time and at the same percentage 2 of 3 |
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| 40 | 40 | | 10rate as increases payable to an individual who maintains his own home and receives state |
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| 41 | 41 | | 11supplementary payments pursuant to sections 1 and 2 of chapter 118A. |
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| 42 | 42 | | 12 SECTION 2. Chapter 118A of General Laws is hereby amended by inserting after section |
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| 43 | 43 | | 137A the following new section:- |
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| 44 | 44 | | 14 Section 7B. Any person eligible for financial assistance under this chapter who is not |
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| 45 | 45 | | 15maintaining his home and is in a licensed medical facility which is eligible for medical assistance |
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| 46 | 46 | | 16payments pursuant to chapter 118E or is residing in a licensed rest home to which such person |
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| 47 | 47 | | 17pays a fixed rate, shall retain the first $100.00 of his monthly income for clothing, personal |
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| 48 | 48 | | 18needs, and leisure time activities. If there is no such income or if it is less than the amount of |
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| 49 | 49 | | 19$100.00, such a person shall be paid monthly in advance the difference between such income and |
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| 50 | 50 | | 20said amount. Said amount shall be increased annually each fiscal year at the same time and at the |
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| 51 | 51 | | 21same percentage rate as increases payable to an individual who maintains his own home and |
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| 52 | 52 | | 22receives state supplementary payments pursuant to sections 1 and 2 of this chapter. |
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| 53 | 53 | | 23 SECTION 3. Section 15 of chapter 118E of the General Laws is hereby amended by |
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| 54 | 54 | | 24striking the fourth paragraph and inserting in place thereof the following paragraph:- |
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| 55 | 55 | | 25 A person eligible for medical assistance under this chapter who is not maintaining his |
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| 56 | 56 | | 26own home and is receiving care in a licensed nursing facility, a licensed chronic hospital, a |
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| 57 | 57 | | 27licensed rest home, an approved public medical institution, or a public psychiatric institution |
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| 58 | 58 | | 28shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure time |
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| 59 | 59 | | 29activities. If there is no such income or if it is less than the amount of $100.00, such a person |
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| 60 | 60 | | 30shall be paid monthly in advance the difference between such income and said amount. Said |
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| 61 | 61 | | 31amount shall be increased annually each fiscal year at the same time and at the same percentage 3 of 3 |
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| 62 | 62 | | 32rate as increases payable to an individual who is maintaining his own home and who is receiving |
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| 63 | 63 | | 33supplemental payments pursuant to sections 1 and 2 of chapter 118A. |
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