Bill > H1402

This bill amends Massachusetts law to establish clear procedures for MassHealth (Massachusetts' Medicaid program) hardship waivers for nursing home residents facing periods of ineligibility due to asset transfers. The bill requires the state division to create a transparent process for evaluating undue hardship claims, including providing written notice to applicants, establishing a timely determination process, and offering an appeal opportunity. Individuals can request a hardship waiver within 90 days of a final ineligibility decision. The bill creates a rebuttable presumption that an applicant qualifies for a waiver if they can demonstrate four key criteria: insufficient resources to meet basic life needs, reasonable attempts to retrieve transferred resources, no alternative lower-cost care options, and that the ineligibility period would cause serious deprivation rather than mere inconvenience. Importantly, the bill specifies that a nursing home does not need to indicate an intent to discharge a resident for nonpayment in order for a hardship waiver to be granted. The legislation requires the state division to develop formal regulations that incorporate these hardship waiver criteria, providing a more structured and compassionate approach to evaluating Medicaid eligibility for nursing home residents.

Health and Social Services

https://malegislature.gov/Bills/194/H1402