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SENATE DOCKET, NO. 2153 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 115
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 increasing the personal care allowance for long term care residents.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3
SENATE DOCKET, NO. 2153 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 115
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 115) of Mark C. Montigny for
legislation to increase the personal care allowance for long term care residents. Children,
Families and Persons with Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 133 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 increasing the personal care allowance for long term care residents.
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 1. Section 1 of chapter 117A of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out the second paragraph and inserting in place
3thereof the following paragraph:-
4 Any person eligible for assistance under this chapter who is not maintaining their home
5and is receiving care in or residing in a licensed nursing facility, licensed chronic hospital,
6licensed rest home, or an approved public medical institution as defined in section 8 of chapter
7118E, shall retain the first $100 of their monthly income for clothing, personal needs, and leisure
8time activities. If there is no such income or if it is less than the amount of $100, such a person
9shall be paid monthly in advance the difference between such income and said amount. Said
10amount shall be increased annually each fiscal year at the same time and at the same percentage 2 of 3
11rate as increases payable to an individual who maintains their own home and receives state
12supplementary payments pursuant to sections 1 and 2 of chapter 118A.
13 SECTION 2. Chapter 118A of General Laws, as so appearing, is hereby amended by
14inserting after section 7A the following new section:-
15 Section 7B. Any person eligible for financial assistance under this chapter who is not
16maintaining their home and is in a licensed medical facility which is eligible for medical
17assistance payments pursuant to chapter 118E or is residing in a licensed rest home to which
18such person pays a fixed rate, shall retain the first $100 of their monthly income for clothing,
19personal needs, and leisure time activities. If there is no such income or if it is less than the
20amount of $100, such a person shall be paid monthly in advance the difference between such
21income and said amount. Said amount shall be increased annually each fiscal year at the same
22time and at the same percentage rate as increases payable to an individual who maintains their
23own home and receives state supplementary payments pursuant to sections 1 and 2 of this
24chapter.
25 SECTION 3. Section 15 of chapter 118E of the General Laws, as so appearing, is hereby
26amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-
27 A person eligible for medical assistance under this chapter who is not maintaining their
28own home and is receiving care in a licensed nursing facility, a licensed chronic hospital, a
29licensed rest home, an approved public medical institution, or a public psychiatric institution
30shall retain the first $100 of their monthly income for clothing, personal needs, and leisure time
31activities. If there is no such income or if it is less than the amount of $100, such a person shall
32be paid monthly in advance the difference between such income and said amount. Said amount 3 of 3
33shall be increased annually each fiscal year at the same time and at the same percentage rate as
34increases payable to an individual who is maintaining their own home and who is receiving
35supplemental payments pursuant to sections 1 and 2 of chapter 118A.
36 SECTION 4. Section 15 of chapter 118E of the General laws, as so appearing, is hereby
37amended by striking in the fifth paragraph the figure "$60" and inserting in place thereof the
38following figure:-$100