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MA S620

Relative to fiduciary responsibility


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

For legislation relative to fiduciary responsibility. Health Care Financing.

AI Summary

This bill amends Chapter 118E of the General Laws to expand the liability of individuals who receive assets from Medicaid applicants or recipients, resulting in an asset transfer disqualification. The key provisions include: 1. When an asset transfer results 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. 2. Fiduciaries or persons who have control over a resident's income, such as bank accounts, are liable for the patient liability amount owed to the facility, if they refuse to pay after receiving written notice from the Department of the amount owed. 3. The bill provides protections for long-term care facilities, such as allowing attachments and trustee process to secure judgments, while also preserving other causes of action available to the facilities. The liability under this bill is not nullified by the resident's death.

Committee Categories

Health and Social Services

Sponsors (3)

Last Action

Accompanied a study order, see S2535 (on 05/31/2018)

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