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SENATE DOCKET, NO. 1832 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 756
The Commonwealth of Massachusetts
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PRESENTED BY:
Patricia D. Jehlen
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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 preserving special needs trusts for disabled seniors.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond MiddlesexSusannah M. Whipps2nd Franklin2/2/2023Brian W. Murray10th Worcester2/3/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/7/2023John F. KeenanNorfolk and Plymouth2/14/2023Michael O. MooreSecond Worcester2/15/2023Brendan P. CrightonThird Essex3/2/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/8/2023 1 of 1
SENATE DOCKET, NO. 1832 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 756
By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 756) of Patricia D. Jehlen, Susannah
M. Whipps, Brian W. Murray, Patrick M. O'Connor and other members of the General Court for
legislation to preserve special needs trusts for disabled seniors. Health Care Financing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 773 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 preserving special needs trusts for disabled seniors.
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 28 of chapter 118E of the General Laws, as appearing in the 2020 Official
2Edition, is hereby amended by adding the following paragraph:-
3 The division shall consider a transfer of assets by an individual age 65 or older or a
4transfer made for the sole benefit of an individual age 65 or older into a trust pursuant to 42
5U.S.C. 1396p(d)(4)(C), established for the sole benefit of said individual, to be a disposal of
6resources for fair market value, to the extent that such resources shall be available, under any
7circumstances, to be used by the trustee to provide goods and services to the individual, or to
8reimburse such costs, at fair market value.