Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S876 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. 1700 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 876
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Robyn K. Kennedy
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 to protect MassHealth applicants facing undue hardship.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst Worcester 1 of 2
16	16	SENATE DOCKET, NO. 1700 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 876
18	18	By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 876) of Robyn K. Kennedy for
19	19	legislation to establish criteria for Masshealth hardship waivers. Health Care Financing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 762 OF 2023-2024.]
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 to protect MassHealth applicants facing undue hardship.
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 is hereby amended by inserting after section 28 the
31	31	2following section:-
32	32	3 Section 28A.
33	33	4 (a) A nursing facility resident may claim undue hardship in order to eliminate the period
34	34	5of ineligibility. In accordance with P.L. 109-171 amending Section 1917(c)(2)(D) of the Social
35	35	6Security Act, the division shall establish procedures for determining whether undue hardship
36	36	7exists as a result of the imposition of a period of ineligibility, which shall include written notice
37	37	8to said individual that an undue hardship exception exists, a timely process for determining
38	38	9whether an undue hardship waiver shall be granted and an opportunity to appeal an adverse 2 of 2
39	39	10determination. An individual may request an undue hardship waiver within 90 days after the
40	40	11date of the final decision to impose a period of ineligibility, including judicial appeals.
41	41	12 (b) There shall be a rebuttable presumption that an institutionalized individual is eligible
42	42	13for an undue hardship waiver if the individual provides documentation that all of the following
43	43	14criteria are met:
44	44	15 (1) the individual has insufficient available resources, excluding the community spouse
45	45	16resource allowance, to provide medical care, food, shelter, clothing and other necessities of life
46	46	17such that the individual would be at risk of serious deprivation or harm;
47	47	18 (2) the individual has made reasonable attempts to retrieve the transferred resources or
48	48	19receives adequate compensation;
49	49	20 (3) there is no available less costly alternative to institutional care that would meet the
50	50	21individual's care needs; and
51	51	22 (4) the period of ineligibility will not be a mere inconvenience to the applicant but rather
52	52	23will create a situation that would subject the applicant to risk of serious deprivation.
53	53	24 (c) A nursing facility need not express an intent to discharge the individual for
54	54	25nonpayment in order for a hardship waiver to be granted.
55	55	26 (d) The division shall promulgate regulations incorporating these criteria for
56	56	27consideration of an undue hardship waiver request.