Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S726

Introduced
2/16/23  
Refer
2/16/23  

Caption

Protecting the homes of seniors and disabled people on MassHealth

Impact

The bill introduces certain restrictions on the state's rights to recover payments made for long-term care and other medical assistance from the estates of deceased Medicaid beneficiaries. Specifically, the bill prohibits estate recovery for individuals who were 65 and older or disabled at the time they received assistance, preventing any claims against their estates if certain conditions are met. Additionally, the legislation requires clearer communication to beneficiaries regarding estate recovery processes and exemptions, thus promoting transparency in the MassHealth program.

Summary

S726, titled 'An Act Protecting the Homes of Seniors and Disabled People on MassHealth', seeks to amend Chapter 118E of the General Laws of Massachusetts regarding the estate recovery process for individuals who have received medical assistance through MassHealth. The primary objective of this bill is to safeguard the homes and properties of seniors and disabled individuals from being seized to recover the costs of Medicaid paid on their behalf. This legislation is seen as a protective measure for vulnerable populations, ensuring that their estates, particularly homes, remain intact for their heirs.

Contention

While the intention behind S726 is to protect seniors and disabled individuals from losing their homes due to estate recovery claims, there are points of contention regarding the fiscal implications of this reform. Opponents of the bill argue that eliminating recovery for certain classes of beneficiaries could place an increased financial burden on the state and lead to potential abuses of the system. Proponents, however, see it as essential to uphold the rights of vulnerable populations and to ensure that assistance programs serve as intended without risking the homes and properties of those in need.

Notable_points

The discussions surrounding S726 also highlighted the importance of reevaluating how estate recoveries are facilitated, and whether there exist better alternatives that balance the needs of the state with the protection of individuals' assets. Advocates for disabled and elderly rights have praised the bill for addressing longstanding issues within the infrastructural treatment of the Medicaid program, emphasizing that safeguarding homes from post-mortem recovery is a crucial step in social equity and justice.

Companion Bills

MA S2368

Similar To Relative to property tax deferral for seniors in the city of Taunton

MA H1168

Similar To Protecting the homes of seniors and disabled people on MassHealth

MA S2517

Similar To Establishing a senior property tax deferral program in the city of Taunton

MA H4841

Similar To To preserve special needs trusts for disabled seniors

Similar Bills

MA H1168

Protecting the homes of seniors and disabled people on MassHealth

MA H142

Relative to community living for older adults and people with disabilities

MA S2898

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MA S2921

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MA H1967

Regarding consistent care for addiction rooted in evidence

MA S1252

Regarding consistent care for addiction rooted in evidence

MA H4743

Relative to treatments and coverage for substance use disorder and recovery coach licensure

MA S789

Relative to insurance coverage for doula services