H 1371

HOUSE DOCKET, NO. 1507  FILED ON: 1/15/2025
 HOUSE . . . . . . . . . . . . . . . No. 1371
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Natalie M. Higgins
  _________________
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 to support equal access to community care for elders and persons with disabilities.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
Natalie M. Higgins  4th Worcester  1/15/2025
Lindsay N. Sabadosa  1st Hampshire  1/21/2025
Joanne M. Comerford  Hampshire, Franklin and Worcester  1/28/2025
David Paul Linsky  5th Middlesex  1/29/2025
Christine P. Barber  34th Middlesex  2/4/2025
Christopher Richard Flanagan  1st Barnstable  2/4/2025
Jacob R. Oliveira  Hampden, Hampshire and Worcester  2/7/2025
Natalie M. Blais  1st Franklin  2/7/2025
James B. Eldridge  Middlesex and Worcester  2/10/2025
Mindy Domb  3rd Hampshire  2/19/2025
William C. Galvin  6th Norfolk  2/27/2025
Bruce E. Tarr  First Essex and Middlesex  2/27/2025
Danillo A. Sena  37th Middlesex  3/10/2025
Rebecca L. Rausch  Norfolk, Worcester and Middlesex  4/4/2025
Tackey Chan  2nd Norfolk  5/5/2025
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  HOUSE DOCKET, NO. 1507  FILED ON: 1/15/2025
      HOUSE . . . . . . . . . . . . . . . No. 1371
     By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1371) of
     Natalie M. Higgins and others relative to Medicaid eligibility for certain elders and persons with
     disabilities. Health Care Financing.
  [SIMILAR MATTER FILED IN PREVIOUS SESSION
  SEE HOUSE, NO. 1200 OF 2023-2024.]
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
     An Act to support equal access to community care for elders and persons with disabilities.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
 1  Subsection (5) of section 25 of Chapter 118E of the General Laws, as appearing in the
 2   2020 Official Edition, is hereby amended by striking out the second paragraph, contained in lines
 3   56 through 61, and inserting in place thereof the following paragraph:-
 4  In any case where the monthly income of an applicant or recipient is in excess of the
 5   exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this
 6   chapter, shall be liable to pay to the provider of medical care or service an amount which shall be
 7   equal to the excess income for a period of six consecutive months, which includes the period
 8   when such service was provided, except if the individual is an applicant or recipient for home or
 9   community-based services pursuant to a waiver granted under 42 USC 1396a(10)(A)(ii)(VI) or a
10   Program of All Inclusive Care for the Elderly (PACE), under 42 USC 1396u-4 or 42 USC
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11   1395eee, the applicant or recipient shall be liable to pay to the provider of medical care or
12   service an amount which shall be equal to the excess income reduced by the difference between
13   the applicable MassHealth deductible-income standard and 300 percent of the federal benefit
14   rate; provided, however, this exception shall not apply to individuals eligible for the “special
15   income eligibility group,” the requirements for which are established under 42 CFR 435.217 and
16   pursuant to federal regulations at 42 CFR 435.726 and 42 CFR 460.184.
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