Bill > S619

This bill, concerning the transfer of assets by MassHealth members, aims to prevent the imposition of a period of ineligibility for MassHealth benefits if an individual can demonstrate that a transfer of assets was not primarily intended to qualify for MassHealth or was made for fair market value. The bill outlines several factors the division, which refers to the Health Care Financing division of MassHealth, will consider when determining if an individual has met their burden of proof, including evidence of a consistent pattern of small transfers, transfers to religious or charitable organizations that align with prior giving, having resources below the MassHealth long-term care limit at the time of transfer, intending the transfer to help a relative with a financial crisis, prevent foreclosure, or cover medical costs, or not having a significant likelihood of needing nursing home care in the near future. If any of these factors are established, the burden shifts to MassHealth to prove the transfer was made to qualify for benefits. The bill also mandates that the division create regulations to implement these provisions.