Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1394 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HOUSE DOCKET, NO. 1110       FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1394
The Commonwealth of Massachusetts
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PRESENTED BY:
James J. O'Day
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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 relative to family members serving as caregivers.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/14/2025Hannah Kane11th Worcester2/4/2025Susannah M. Whipps2nd Franklin2/10/2025Natalie M. Higgins4th Worcester2/10/2025David Paul Linsky5th Middlesex2/10/2025Christopher Hendricks11th Bristol2/10/2025Colleen M. Garry36th Middlesex2/10/2025Jennifer Balinsky Armini8th Essex2/12/2025James K. Hawkins2nd Bristol2/12/2025John J. Marsi6th Worcester2/13/2025Daniel Cahill10th Essex2/18/2025Vanna Howard17th Middlesex2/18/2025Carmine Lawrence Gentile13th Middlesex2/18/2025Mindy Domb3rd Hampshire2/24/2025Erika Uyterhoeven27th Middlesex2/24/2025James C. Arena-DeRosa8th Middlesex2/24/2025Joseph D. McKenna18th Worcester2/24/2025James Arciero2nd Middlesex2/24/2025 2 of 2
William C. Galvin6th Norfolk2/26/2025Manny Cruz7th Essex2/27/2025James B. EldridgeMiddlesex and Worcester3/2/2025Paul McMurtry11th Norfolk3/2/2025Thomas M. Stanley9th Middlesex3/4/2025Steven Ultrino33rd Middlesex3/7/2025Adrianne Pusateri Ramos14th Essex3/7/2025Kevin G. Honan17th Suffolk3/7/2025Sean Garballey23rd Middlesex3/7/2025Patrick Joseph Kearney4th Plymouth3/11/2025William F. MacGregor10th Suffolk3/12/2025 1 of 1
HOUSE DOCKET, NO. 1110       FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1394
By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 1394) 
of James J. O'Day and others relative to family members serving as caregivers. Health Care 
Financing.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to family members serving as caregivers.
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 12 of chapter 118E of the General Laws, as appearing in the 2022 
2Official Edition, is hereby amended by inserting, after paragraph 4, the following paragraph:-
3 Notwithstanding the provisions of any general or special law to the contrary, any program 
4of home and community based services funded pursuant to the provisions of this chapter, in 
5which family members are permitted to serve as caregivers paid by MassHealth, shall include 
6legally liable family members, including but not limited to biological, adoptive, foster or step 
7parents, legal guardians, powers of attorney, healthcare powers of attorney, and adult children of 
8care recipient, within the definition of family member; provided further, the executive office of 
9health and human services shall file a state plan amendment or waiver application, as may be 
10required, to allow legally liable family members to serve as caregivers paid by MassHealth.