By Ms. Balser of Newton, petition (accompanied by bill, House, No. 601) of Ruth B. Balser and others relative to the calculation of interest income by the Division of Medical Assistance for spouses of nursing home residents.  Elder Affairs.

The Commonwealth of Massachusetts

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PETITION OF:

Ruth B. Balser

John P. Fresolo

Mark C. Montigny

Tom Sannicandro

Barbara A. L'Italien

Richard J. Ross

Martin J. Walsh

William N. Brownsberger

Susan C. Tucker

John V. Fernandes

Kay Khan

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In the Year Two Thousand and Seven.

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An Act to correct income calculation for spouses of nursing home residents.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Subsection (c) of section 21A of chapter 118E is amended by deleting the current subsection and substituting the following new subsection:—

                  (c)  In making determinations under this section, the division shall revise the community spouse resource allowance as permitted or required by federal law.  Either spouse shall have the right to request a fair hearing at which, if it is shown that the income of the community spouse is less than the minimum monthly maintenance needs allowance of the community spouse, the referee shall revise the community spouse resource allowance, using methods permitted or required by federal law, to a level sufficient to generate the shortfall in income.  The division shall calculate interest income on the investment of the community spouse resource allowance using the average money market rates reported by Bank Rate Inc. on the date of the hearing.