Bill > S745

This bill amends Chapter 118E of the General Laws to add a new Section 80 regarding fiduciary responsibility. The key provisions of this bill are: 1. When a Medicaid applicant or recipient transfers assets for less than fair market value, resulting in a Medicaid asset transfer disqualification, the person who received the assets from the resident is liable to the long-term care facility for the costs of care up to the amount transferred, at the facility's Medicaid rate, for the period of asset transfer disqualification. 2. It is an affirmative defense that the asset transfer was not a disqualifying transfer under federal law, and if proven, the person is not liable. 3. Fiduciaries or persons who have authority over the resident's income, such as bank accounts, are liable to the long-term care facility for the patient liability amount that they refuse to pay, if they receive notice of the amount from the Department. 4. The bill also outlines procedural requirements, such as notice before filing an action, and protections, such as limiting execution of judgments during a Medicaid application.

Health and Social Services

https://malegislature.gov/Bills/193/S745