Bill > H985

This bill proposes to amend existing law concerning asset transfers by MassHealth members, which is a state program providing health care coverage for low-income individuals and families. Specifically, it states that MassHealth, referred to as "the division," cannot penalize an individual with a period of ineligibility if they can prove that any transfer of assets by themselves or their spouse was not primarily intended to qualify for MassHealth benefits or was made for fair market value. To help individuals meet this burden of proof, the bill outlines several factors MassHealth will consider, such as a consistent history of small transfers, transfers to religious or charitable organizations in amounts consistent with past giving, having resources below the MassHealth long-term care eligibility limit at the time of transfer, transferring assets to help a relative with a financial crisis or medical needs, or if the individual's medical records at the time did not suggest an imminent need for nursing home care. If an individual can demonstrate any of these factors, the responsibility then shifts to MassHealth to prove that the transfer was indeed made to qualify for benefits. The bill also requires MassHealth to create regulations to implement these changes.