Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S745 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1582 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 745
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ryan C. Fattman
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to fiduciary responsibility.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and Hampden 1 of 4
16	16	SENATE DOCKET, NO. 1582 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 745
18	18	By Mr. Fattman, a petition (accompanied by bill, Senate, No. 745) of Ryan C. Fattman for
19	19	legislation relative to fiduciary responsibility. Health Care Financing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 767 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to fiduciary responsibility.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby
31	31	2amended by adding the following section:-
32	32	3 Section 80. (a) As used in this section, the following words shall have the following
33	33	4meanings unless the context clearly requires otherwise:
34	34	5 "Asset transfer disqualification'', a transfer of assets for less than fair market value by a
35	35	6Medicaid applicant or recipient as set forth in 42 U.S.C. 1396p(c)(1)(A) and 42 U.S.C.
36	36	71396p(c)(1)(B).
37	37	8 "Costs of care'', all costs of health care and lodging and all related costs, including
38	38	9transportation, medical and personal care and any other costs, charges and expenses incurred by
39	39	10the facility in rendering care to the resident. 2 of 4
40	40	11 "Department'', the department of public health.
41	41	12 "Fiduciary'', a person to whom power or property has been formally entrusted for the
42	42	13benefit of another such as an attorney-in-fact, legal guardian, trustee, or representative payee.
43	43	14 "Long-term care facility'', a facility licensed by the department of public health pursuant
44	44	15to section 71 of chapter 111 of the General Laws.
45	45	16 “Patient liability amount'', the amount of income that a resident is liable to contribute
46	46	17toward the cost of his or her nursing facility care.
47	47	18 "Period of asset transfer disqualification'', the period of ineligibility for Medicaid required
48	48	19under 42 U.S.C. 1396p(c)(1)(E).
49	49	20 "Person'', persons both natural and otherwise, including, without limitation, any
50	50	21corporation, partnership, limited liability company, trust or other entity.
51	51	22 "Resident", any person who inhabits or inhabited a long-term care facility for any period
52	52	23of time.
53	53	24 (b) Except as provided in subsection (c), when an asset transfer made on or after the
54	54	25effective date of this section results in a final determination of a Medicaid asset transfer
55	55	26disqualification, the person who received the assets from a resident which resulted in the
56	56	27Medicaid asset transfer disqualification shall be liable under this section to the long-term care
57	57	28facility for all costs of care up to the amount transferred to the person. The person shall be liable
58	58	29at the facility's Medicaid rate for services for the period of asset transfer disqualification.
59	59	30 (c) It shall be an affirmative defense in any action instituted under subsection (b), that the
60	60	31transfer of the asset which resulted in a final determination of a Medicaid asset transfer 3 of 4
61	61	32disqualification was not a disqualifying transfer under 42 U.S.C. 1396p. The court's decision
62	62	33regarding such affirmative defense shall be made independently of the determination made by
63	63	34the department. If that affirmative defense is proven, the person shall not be liable under
64	64	35subsection (b).
65	65	36 (d) The facility shall send a written notice of its intent to file the action to any person
66	66	37whom it intends to name as a defendant in the action at least 45 days before filing an action
67	67	38pursuant to this section.
68	68	39 (e) Any fiduciary or person who has received authority over the income of a resident such
69	69	40as a person who has been given or otherwise obtained authority over a resident's bank account,
70	70	41has been named as or has rights as a joint account holder, or otherwise has obtained or received
71	71	42any control over a resident's bank account or any other income of a resident, shall be liable under
72	72	43this section to the long-term care facility to the extent that any such person or fiduciary refuses to
73	73	44pay the patient liability amount due under Medicaid, provided that the person or fiduciary is in
74	74	45receipt of written notice from the department of the patient liability amount at the time such
75	75	46income is received by the fiduciary or person, and provided further that the liability of the person
76	76	47or fiduciary shall be for amounts going forward from the receipt of the notice. The facility shall
77	77	48send a written notice of its intent to file the action to any person or fiduciary that it intends to
78	78	49name as a defendant in the action at least 30 days before filing an action pursuant to this
79	79	50subsection.
80	80	51 (f) No judgment obtained in any proceeding under this section shall be acted upon
81	81	52through execution, levy, or otherwise during the pendency of any actually completed and filed
82	82	53application for Medicaid. Attachments and trustee process to secure any judgment or potential 4 of 4
83	83	54judgment shall be permitted subject to the discretion of the court to protect facilities from non-
84	84	55payment or from the failure of the resident, or that resident's fiduciary, to cooperate in obtaining
85	85	56Medicaid.
86	86	57 (g) Nothing contained in this section shall prohibit or otherwise diminish any other
87	87	58causes of action possessed by any such long-term care facility. The death of the resident shall not
88	88	59nullify or otherwise affect the liability of the person or persons charged with the cost of care
89	89	60rendered or the patient liability amount as referenced in this section.
90	90	61 (g) A fiduciary under this section shall not be personally liable for the acts or omissions
91	91	62of the fiduciary's predecessor, if any, solely by reason of his or her role as successor fiduciary.