Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H253 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1364 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 253
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sally P. Kerans
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 establishing guardians as providers of medical care to support the rights of incapacitated
13	13	persons.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Sally P. Kerans13th Essex1/14/2025Kathleen R. LaNatra12th Plymouth2/6/2025James C. Arena-DeRosa8th Middlesex2/20/2025Carlos González10th Hampden2/26/2025Vanna Howard17th Middlesex3/5/2025 1 of 4
17	17	HOUSE DOCKET, NO. 1364 FILED ON: 1/14/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 253
19	19	By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 253) of Sally
20	20	P. Kerans and others relative to establishing guardians as providers of medical care to support the
21	21	rights of incapacitated persons. Children, Families and Persons with Disabilities.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing guardians as providers of medical care to support the rights of incapacitated
28	28	persons.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 8 of chapter 118E of the General Laws is hereby amended by
32	32	2striking out paragraph (f) and inserting in place thereof the following paragraph:-
33	33	3 “Provider", includes any institution, agency, individual or other legal entity (i) qualified
34	34	4under the laws of the commonwealth to perform the medical care or services for which medical
35	35	5assistance and medical benefits are available under this chapter or (ii) that is duly appointed (or
36	36	6recognized, if appointed elsewhere) under the laws of the commonwealth as guardian of a
37	37	7member who is eligible for medical assistance under this chapter while engaged in activities that
38	38	8are reasonably related to consenting or gaining access to medical care or services for the
39	39	9member. Provided, however, that no person who is a spouse, parent, child, or sibling of the
40	40	10member (hereinafter, an “immediate family relationship”) shall be included in the definition of
41	41	11Provider herein. 2 of 4
42	42	12 SECTION 2. Section 13C of chapter 118E of the General Laws is hereby amended by
43	43	13striking out the second paragraph and inserting in its place the following paragraph:-
44	44	14 The secretary of the executive office shall establish rates of payment for social service
45	45	15programs which are reasonable and adequate to meet the costs which are incurred by efficiently
46	46	16and economically operated social service program providers in providing social service programs
47	47	17in conformity with federal and state law, regulations and quality and safety standards; provided,
48	48	18that the secretary may designate another governmental unit to perform such ratemaking
49	49	19functions. When establishing rates of payment for social service programs and guardians, the
50	50	20secretary of the executive office shall adjust rates to take into account factors, including, but not
51	51	21limited to: (i) the reasonable cost to social service program providers or guardians of any existing
52	52	22or new governmental mandate that has been enacted, promulgated or imposed by any branch of
53	53	23government, governmental unit or federal governmental authority; (ii) rates customarily charged
54	54	24by professional guardians in the region of the commonwealth; (iii) a cost adjustment factor to
55	55	25reflect changes in reasonable costs of goods and services of social service programs including
56	56	26 those attributed to inflation; and (iv) geographic differences in wages, benefits, housing
57	57	27and real estate costs in each metropolitan statistical area of the commonwealth and in any city or
58	58	28town therein where such costs are substantially higher than the average cost within that area as a
59	59	29whole. The secretary of the executive office shall not consider any of the resources specified in
60	60	30section 13G when establishing, reviewing or approving rates of payment for social service
61	61	31programs.
62	62	32 SECTION 3. Section 13D of chapter 118E of the General Laws is hereby amended by
63	63	33inserting the following paragraph after the seventh paragraph: 3 of 4
64	64	34 In establishing rates for medically-related services for which a guardian is considered a
65	65	35“Provider” under section 8 of this chapter, the secretary of the executive office shall (i)
66	66	36determine hourly or fee-for-service rates for professional guardians by considering the rates
67	67	37customarily charged by professional guardians in the region of the commonwealth.
68	68	38 SECTION 4. Section 35 of chapter 118E of the General Law is hereby amended by
69	69	39striking the first paragraph and inserting in place thereof the following paragraph:-
70	70	40 No claim for medical care or services provided for under this chapter shall be reimbursed
71	71	41if any health insurance company, non-profit hospital service corporation, medical service
72	72	42corporation, or other health insurer is liable for such claim under the terms of a group or
73	73	43individual policy providing coverage for such claim to a person eligible for assistance under this
74	74	44chapter; in the case of a guardian, no claim for care or services shall be reimbursed if any
75	75	45department of the state or federal judiciary is liable for such claim. The division shall establish
76	76	46procedures to ensure that no such unauthorized claims are paid, including the soliciting of
77	77	47information regarding alternative health coverage from all applicants and recipients.
78	78	48 SECTION 5. Said section 36 of chapter 118E of the General Law is hereby further
79	79	49amended by inserting after paragraph (5) the following paragraph:-
80	80	50 A claim submitted by a guardian that is paid for under this chapter shall be disclosed to
81	81	51the court that has appointed the guardian as part of the guardian’s annual report to the court;
82	82	52provided, however, that prior or subsequent judicial approval shall not be a condition or required
83	83	53as evidence of entitlement for reimbursement of any claim by a guardian that is submitted for
84	84	54services provided for under this chapter. 4 of 4
85	85	55 SECTION 6. Section 36 of chapter 118E of the General Laws is hereby amended by
86	86	56striking paragraph (1) and inserting in place thereof the following paragraph:
87	87	57 (1) indicate their intention to the division to so participate; provided that renewal of such
88	88	58indication of intention by a guardian shall not be required more often than once every 12 months;
89	89	59 SECTION 7. Section 36 of chapter 118E of the General Law is hereby amended by
90	90	60striking paragraph (2) and inserting in place thereof the following paragraph:-
91	91	61 (2) present evidence, satisfactory to the division, of their qualifications to provide such
92	92	62services. For guardians, satisfactory evidence of qualification shall consist of (i) a certificate of
93	93	63appointment dated within one year of the request for payment and a sworn statement of its
94	94	64validity on the dates of service; and (ii) affidavit of no immediate family relationship with the
95	95	65member.