Bill > S861

This bill amends Chapter 118E of the General Laws to establish new provisions related to fiduciary responsibility and liability in long-term care facilities, specifically concerning Medicaid asset transfers and patient care costs. The bill defines several key terms, including "asset transfer disqualification" (a transfer of assets for less than fair market value that impacts Medicaid eligibility), "long-term care facility," and "fiduciary." Under the new law, if a Medicaid asset transfer results in a disqualification period, the person who received the transferred assets can be held liable to the long-term care facility for the costs of care up to the amount transferred, at the facility's Medicaid rate. The bill provides an affirmative defense if the asset transfer is proven not to be a disqualifying transfer. Additionally, fiduciaries or individuals with control over a resident's income can be held liable for unpaid patient liability amounts if they receive written notice from the department. The bill requires facilities to provide written notice before filing any legal action, protects against immediate judgment execution during Medicaid applications, and clarifies that a fiduciary is not personally liable for the acts of a predecessor. The legislation aims to ensure that long-term care facilities can recover costs and that individuals managing residents' financial affairs are held accountable for required payments.

Health and Social Services

https://malegislature.gov/Bills/194/S861