Commonwealth of Massachusetts
Executive Office of Health and Human Services
Office of Medicaid
600 Washington Street
Boston, MA  02111
www.mass.gov/masshealth

Eligibility Operations Memo 09-10
July 1, 2009


TO:	MassHealth Eligibility Operations Staff

FROM:	Russ Kulp, Director, MassHealth Operations

RE:	American Recovery and Reinvestment Act of 2009 — Native American Provisions

Background
The American Recovery and Reinvestment Act of 2009 changes the rules about countable assets 
and estate recovery for Native Americans and Alaska Natives.
	
Countable Assets	
As part of the ARRA, for Native American Indians and Alaska Natives, the following assets will 
be considered noncountable under 130 CMR 520.008(K):
any property or improvements that are held in trust, subject to federal 
restrictions or under the supervision of the Secretary of the Interior, that are located on a 
reservation or in areas designated and approved by the Bureau of Indian Affairs; or
any property located within the most recent boundaries of a prior federal 
reservation or any ownership interests in rents, leases, royalties, or usage rights related to 
natural resources or usage rights to items that have any religious, spiritual, traditional, or 
cultural significance that support subsistence or a traditional lifestyle according to tribal 
law or custom.

MassHealth regulations are being revised to conform to the ARRA.

Estate Recovery	
For claims presented on or after July 1, 2009, recovery from the following Native American 
Indian and Alaska Native income, resources, and property will be waived:
ownership interest in trust or non-trust property that is located on the 
reservation of any federally recognized Indian tribe;
income left as a remainder in an estate from a protected property;
	
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Estate Recovery (cont.)
ownership interest left as a remainder in an estate or any rents, leases, royalties, or usage 
rights to natural resources from protected sources; and
ownership interests in or usage rights to items that have any religious, 
spiritual, traditional, or cultural significance that support subsistence or a traditional 
lifestyle according to tribal law or custom.
	

Exemptions from Premiums or Cost Share

Effective July 1, 2009, MassHealth will not assess any premium or cost share to a Native 
American Indian or Alaska Native who receives services provided by any Indian Health Service 
or organization.

MassHealth claims staff will provide a report of members who receive services at Indian Health 
Services. The report will be sent to appropriate units within MassHealth to ensure that any 
premium or cost share is not charged.
	
Questions	
If you have any questions about this memo, please have your MEC designee contact the Policy 
Hotline.