Bill > S684

This bill amends Chapter 118E of the General Laws to add a new section regarding fiduciary responsibility. The key provisions are: 1) When a Medicaid applicant/recipient makes an asset transfer that results in a Medicaid asset transfer disqualification, the person who received the assets is liable to the long-term care facility for the costs of care up to the amount transferred, at the facility's Medicaid rate during the disqualification period. 2) There is an affirmative defense if the asset transfer was not disqualifying under federal law. 3) Fiduciaries or persons with control over a resident's income are liable for the patient liability amount due to the facility, if they refuse to pay after receiving written notice from the Department. 4) The bill provides limitations on executing judgments obtained under this section and preserves other causes of action for the long-term care facility.