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| 2 | 2 | | SENATE DOCKET, NO. 2153 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 115 |
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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 | | Mark C. Montigny |
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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 care allowance for long term care residents. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 2153 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 115 |
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| 18 | 18 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 115) of Mark C. Montigny for |
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| 19 | 19 | | legislation to increase the personal care allowance for long term care residents. Children, |
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| 20 | 20 | | Families and Persons with Disabilities. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 133 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 care allowance for long term care residents. |
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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, as appearing in the 2020 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out the second paragraph and inserting in place |
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| 33 | 33 | | 3thereof the following paragraph:- |
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| 34 | 34 | | 4 Any person eligible for assistance under this chapter who is not maintaining their home |
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| 35 | 35 | | 5and is receiving care in or residing in a licensed nursing facility, licensed chronic hospital, |
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| 36 | 36 | | 6licensed rest home, or an approved public medical institution as defined in section 8 of chapter |
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| 37 | 37 | | 7118E, shall retain the first $100 of their monthly income for clothing, personal needs, and leisure |
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| 38 | 38 | | 8time activities. If there is no such income or if it is less than the amount of $100, such a person |
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| 39 | 39 | | 9shall be paid monthly in advance the difference between such income and said amount. Said |
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| 40 | 40 | | 10amount shall be increased annually each fiscal year at the same time and at the same percentage 2 of 3 |
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| 41 | 41 | | 11rate as increases payable to an individual who maintains their own home and receives state |
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| 42 | 42 | | 12supplementary payments pursuant to sections 1 and 2 of chapter 118A. |
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| 43 | 43 | | 13 SECTION 2. Chapter 118A of General Laws, as so appearing, is hereby amended by |
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| 44 | 44 | | 14inserting after section 7A the following new section:- |
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| 45 | 45 | | 15 Section 7B. Any person eligible for financial assistance under this chapter who is not |
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| 46 | 46 | | 16maintaining their home and is in a licensed medical facility which is eligible for medical |
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| 47 | 47 | | 17assistance payments pursuant to chapter 118E or is residing in a licensed rest home to which |
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| 48 | 48 | | 18such person pays a fixed rate, shall retain the first $100 of their monthly income for clothing, |
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| 49 | 49 | | 19personal needs, and leisure time activities. If there is no such income or if it is less than the |
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| 50 | 50 | | 20amount of $100, such a person shall be paid monthly in advance the difference between such |
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| 51 | 51 | | 21income and said amount. Said amount shall be increased annually each fiscal year at the same |
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| 52 | 52 | | 22time and at the same percentage rate as increases payable to an individual who maintains their |
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| 53 | 53 | | 23own home and receives state supplementary payments pursuant to sections 1 and 2 of this |
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| 54 | 54 | | 24chapter. |
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| 55 | 55 | | 25 SECTION 3. Section 15 of chapter 118E of the General Laws, as so appearing, is hereby |
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| 56 | 56 | | 26amended by striking the fourth paragraph and inserting in place thereof the following paragraph:- |
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| 57 | 57 | | 27 A person eligible for medical assistance under this chapter who is not maintaining their |
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| 58 | 58 | | 28own home and is receiving care in a licensed nursing facility, a licensed chronic hospital, a |
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| 59 | 59 | | 29licensed rest home, an approved public medical institution, or a public psychiatric institution |
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| 60 | 60 | | 30shall retain the first $100 of their monthly income for clothing, personal needs, and leisure time |
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| 61 | 61 | | 31activities. If there is no such income or if it is less than the amount of $100, such a person shall |
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| 62 | 62 | | 32be paid monthly in advance the difference between such income and said amount. Said amount 3 of 3 |
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| 63 | 63 | | 33shall be increased annually each fiscal year at the same time and at the same percentage rate as |
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| 64 | 64 | | 34increases payable to an individual who is maintaining their own home and who is receiving |
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| 65 | 65 | | 35supplemental payments pursuant to sections 1 and 2 of chapter 118A. |
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| 66 | 66 | | 36 SECTION 4. Section 15 of chapter 118E of the General laws, as so appearing, is hereby |
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| 67 | 67 | | 37amended by striking in the fifth paragraph the figure "$60" and inserting in place thereof the |
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| 68 | 68 | | 38following figure:-$100 |
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