I am a member of the National Academy of Elder Law Attorneys (NAELA). The Massachusetts chapter, MANAELA, includes a public policy committee. MANAELA is advocating for four (4) bills currently in legislative committees, and WE NEED YOUR ASSISTANCE!
The following four (4) bills that NAELA is supporting in the 2009-2010 legislative session will help to preserve the financial resources of elders and allow them to live independently for as long as possible.

THE BILLS:

An Act to Help Families Care for Elders
Senator Montigny, Representative Khan
SB 59, HB 536 – Elder Affairs Committee

This bill would permit seniors to pay privately for a family member to provide personal care or managerial services without later disqualifying the senior for MassHealth long-term care. Currently MassHealth considers a contract for family care to be a disqualifying transfer of assets for less than fair market value. This legislation would help maintain an individual at home and make it financially possible for the family member to provide care. It requires that the contract services must be reasonably priced and necessary to divert or delay placement in assisted living or a nursing home. In an economic climate that makes it impractical for a family member to quit a job to take care of an ailing parent, this legislation would make that possible.

An Act Regarding the Assets of Medical Assistance Recipients
Senator Eldridge, Representative Peisch
SB 540, HB 1094 – Health Care Financing Committee

This bill will help community spouses of nursing home residents retain their Individual Retirement Accounts (IRA’s) by making them non-countable assets when the resident applies for MassHealth. This change in the law will permit a community spouse of a nursing home resident to retain an IRA account from which they can receive distributions. Currently, if the spouse has an IRA account they may in some cases be required to liquidate them which results in a significant financial penalty. During this time of economic uncertainty, the spouses of nursing home residents need these accounts to allow them to live independently and with dignity.

An Act Relative to Nursing Facility Long Term Care Claims
Senator O’Leary, Senator Chandler, Representative Fallon
SB 572, HB 1069 – Health Care Financing Committee
SB 309 – Elder Affairs Committee

Current MassHealth regulations allow elderly nursing home residents to exempt assets from MassHealth estate recovery if they purchase long-term care insurance which meets state standards. Many elders have purchased long-term care insurance thinking that they will qualify for the asset recovery exemption because their policies meet these minimal standards. What they may not know is that use of their policies to pay for community-based care prior to entering a nursing home may disqualify them from the estate recovery exemption.

This bill allows seniors who buy long term care insurance to use that insurance to pay for community-based care before they enter a nursing home without disqualifying them from the MassHealth estate recovery exemption. Allowing seniors to use their long term care insurance for community-based care will enable more elders to remain in their homes rather than forcing them into institutional care.

An Act To Correct Income Calculations For Spouses Of Nursing Home Residents
Senator Candaras, Representative Fernandes
HB 2737 – Elder Affairs Committee
SB 308 – Elder Affairs Committee

Under current MassHealth rules a community spouse of a nursing home resident is entitled to a portion of marital income for her support. This income is generated in part from any assets which the spouse retains and is calculated by use of a proxy rate of return on assets. This proxy rate of return is greater than that realized by most seniors, who generally use short term instruments such as money market accounts. The use of unrealistically high rates of return overestimates the interest income actually received by the spouse and results in an income allowance which does not meet her needs.
This bill will require MassHealth to use a money market rate of interest to calculate the spouse’s income allowance. In turn, this will result in a greater level of assets retained by the community spouse.

These bills are also supported by the Mass Home Care Association, Mass Senior Action Council and the Massachusetts Association of Older Americans. For more information about these bills contact Deborah Thomson at The PASS Group, (617) 227-6985.
WHAT YOU CAN DO TO HELP: Call your State Representatives and ask them to give these bills approval. Please feel free to contact Hadley Law Center to ascertain your district’s State Representative.

Filed by Administrator at 7:35 pm under LEGISLATIVE UPDATE
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