THE EVERETT ADVOCATE – FRiDAy, JAnuARy 24, 2025 Page 17 Community Spouse Protection of Assets M edicaid (MassHealth in Massachusetts) law provides certain protections for the spouse of a nursing home resident in order to make sure he or she has the minimum support necessary to live in the community. If the MassHealth applicant is married, the countable assets of both the community spouse and institutionalized spouse are totaled as of the date of “institutionalization”, the day on which the ill spouse enters either a hospital or a longterm care facility in which he or she then stays for at least 30 days. This is also commonly referred to as the “snapshot” date because MassHealth is taking a picture of the couple’s assets as of this date. For calendar year 2025, the community spouse may keep up to a maximum of $157,920. Called the “community spouse resource allowance”, this is the most that a state may allow a community spouse to retain without a hearing or a court order. Example: If a couple has $159,920 in countable assets on the date the applicant enters a nursing home, the institutionalized spouse will be eligible for MassHealth. The community spouse may keep $157,920 in his or her own name while the institutionalized spouse may keep up to $2,000 in his or her own name. Therefore, in Massachusetts, the entire $157,920 may be kept and no spend down is necessary. The income of the community spouse will continue undisturbed. He or she will not have to use his or her income to support the nursing home spouse receiving MassHealth benefi ts. What if most of the couple’s income is in the name of the institutionalized spouse, and the community spouse’s income is not suffi cient to live on? In such cases, the community spouse is entitled to some or all of the monthly income of the institutionalized spouse. How much the community spouse is entitled to depends on what MassHealth determines to be the minimum income level for the community spouse. This fi gure, known as the minimum monthly maintenance needs allowance or MMMNA, is calculated for each community spouse according to a complicated formula based on his or her housing costs. From July 1, 2024 to June 30, 2025, the MMMNA may range from a low of $2,555 to a high of $3,948. If the community spouse’s income falls below his or her MMMNA, the shortfall is GET A FREE SUBSCRIPmade up from the nursing home spouse’s income. In some instances community spouses may seek to retain more of the couple’s countable assets and/or some of the institutionalized spouse’s income by asking for a Fair Hearing with MassHealth. The spousal resource allowance is adjusted on January 1st of each year. It is important to know that for a married couple, there may not be a need to transfer assets directly to the children if the countable assets are at or below the $157,920 fi gure and one spouse is healthy and at home. Planning ahead of time with married couples is very important from an asset protection standpoint. Avoiding an unnecessary spend down is often critical in terms of maintaining some sense of fi nancial stability for the community spouse. It is important to know all of the options available to you under the law. For example, there are numerous key exceptions to certain asset transfers that would otherwise constitute a disqualifying transfer under MassHealth rules. It is important to know whether or not you might fall under one of these exceptions. Obtaining MassHealth eligibility is no easy task. Caseworkers are often overburdened and many times take a long time before they even start to work on reviewing the application and all of the supporting documentation. Invariably, the caseworker will send out a Request For Information once the initial review of the application is completed. Denial notices are issued all of the time. Once a denial notice is issued, you must then fi le an appeal in order to preserve your initial application date and your benefi t start date. It is submitted to the Board of Hearings. Most often, an appeal can be withdrawn upon providing the additional information requested by the caseworker and an agreement by the caseworker to approve the application. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation. TION TO MASSTERLIST – Join more than 22,000 people, from movers and shakers to political junkies and interested citizens, who start their weekday morning with MASSterList— the popular newsletter that chronicles news and informed analysis about what’s going on up on Beacon Hill, in Massachusetts politics, policy, media and infl uence. The stories are drawn from major news organizations as well as specialized publications. MASSterlist will be e-mailed to you FREE every Monday through Friday morning and will give you a leg up on what’s happening in the blood sport of Bay State politics. For more information and to get your free subscription, go to: https:// MASSterList/subscribe/ THE HOUSE AND SENATE: There were no roll calls in the House or Senate last week. LEGAL NOTICE City of Everett PLANNING BOARD 484 BROADWAY EVERETT, MA 02149 GOV. MAURA HEALEY SIGNS MORE BILLS INTO LAW – Here are some of the many bills that were signed into law by Gov. Healey following the end of the 2024 session: INSURANCE COVERAGE FOR INDIVIDUALS WITH DOWN SYNDROME (S 2970) – Gov. Healey signed into law legislation called requiring health insurance companies to provide Applied Behavioral Analysis (ABA) for Down syndrome patients. The legislation, sponsored by the Massachusetts Down Syndrome Congress (MDSC), will require private insurers and MassHealth to cover the cost of in-home ABA therapy for children with a single diagnosis of Down syndrome. BEACON | SEE PAGE 18 LEGAL NOTICE EVERETT PLANNING BOARD PUBLIC HEARING NOTICE Public Hearing on an application by Marlene Zizza Property located at: 34 Baldwin Avenue Site Plan Review In accordance with the provisions of M.G.L Chapter 40A and with Sections 4 and 19 of the Everett Zoning Ordinance, the Everett Planning Board will conduct a public hearing on Monday, February 3, 2025 at 6:00PM in the Speaker George Keverian Room (Room 37, Everett City Hall) to consider the above-listed application for Site Plan Review. This proposal contemplates the redevelopment of a 5,040 sq. ft. parcel of land, demolishing an existing two-car garage and constructing a three-story, 6-unit multifamily dwelling with a 1,540 sq. ft. footprint. 34 Baldwin Avenue is a parcel of land located in the Dwelling District and is referenced by Assessor’s Department as D0-03-000168. A copy of the application and plans are on file and available in the Office of the City Clerk and the Department of Planning and Development, both located at City Hall, 484 Broadway, Everett, MA 02149 and can be inspected online anytime at http://www.cityofeverett.com/449/PlanningBoard and/or by request during regular City Hall business hours by contacting The Planning and Development Office at 617-394-2334. All persons interested in or wishing to be heard on the applications may attend and participate in person. This project, along with all other projects to be discussed at the meeting, can be found on the posted Agenda at the following link: http://www.cityofeverett.com/AgendaCenter. Questions and comments can be directed in advance of the public hearing to Jeannie Vitukevich of the Department of Planning & Development at Jeannie.Vitukevich@ci.everett.ma.us or 617394-2230. Frederick Cafasso Chairman January 17, 24, 2025
18 Publizr Home