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Page 16 THE MALDEN ADVOCATE–Friday, August 26, 2022 MUSINGS | FROM PAGE 15 the Saint through the streets of Edgeworth while avoiding the ubiquitous pothole and elevated manhole covers, but most importantly, lovingly passing down the history of the old neighborhood for the next generation of Spadaforas. Important lessons handed down, father to daughter. Postscript 2: Dom (Fermano) made the “Stock 82” toast at about 6:25 on Friday night. We saluted Richie Cremone, Tony Pisaturo and all that came prior to us. The Saint was then escorted down to “Little Pearl” to start the weekend. Just as Richie and Tony Pez would have wanted it. Postscript 3: “Some trails are happy ones, others are blue. It’s the way you ride the trail that counts, here’s a happy one for you. Happy trails to you, until we meet again. Happy trails to you, keep smiling until then.” Viva San Rocco! More on the annual Feast in weeks to come. Beacon Hill Roll Call By Bob Katzen GET A FREE SUBSCRIPTION TO JOINT INVESTMENT ACCOUNTS AND MASSHEALTH subject to the five-year look back period. If you are concerned that a A ny asset, with the exception of joint bank accounts, owned by two or more single individuals is presumed to be owned in equal shares, unless a different percentage of ownership is substantiated. For example, a joint brokerage account with Fidelity owned by a parent applying for MassHealth benefits owned jointly with his or her son would only be a countable asset for eligibility purposes to the extent of 50% of that account value. Joint bank accounts, on the other hand, will be counted in full for MassHealth eligibility purposes, unless the other joint owner can prove contribution towards the balance in the bank accounts. The longer the joint brokerage account has been established, the more likely that MassHealth would only count 50% of the value of the account upon submitting an application for MassHealth benefits. If you were to open up a joint brokerage account several months prior to applying for MassHealth, it is likely the application would be denied as MassHealth would proceed to count 100% of the value of the account as opposed to 50%. The adding of a child as a joint owner of the brokerage account would be treated as a disqualifying transfer loved one, who is not married, and who may be in need of nursing home care well within the next five years, it might be worthwhile looking into taking some bank account monies and transferring them to a brokerage account in the name of the person who will soon be entering the nursing home and a son or daughter. If enough time goes by after the establishment of such an account, at least half of the monies will be protected. If MassHealth took the position that the entire account is countable, then excess assets in that situation could be transferred to a pooled trust depending upon the particular facts and circumstances. The pooled trust will take the excess countable assets off the table and convert them to non-countable assets held by the non-profit pooled trust entity. Monies can be spent on the nursing home resident on items and services not covered by MassHealth. There is a payback provision to MassHealth and there is an amount that will be retained by the charity depending on how long the recipient of MassHealth benefits resides in the nursing home. Even a Medicaid annuity should be looked at as another option of protecting as much money as possible. Countable assets are converted to a non-countable income stream that would have to be paid to the nursing home. By doing this, you would at least be able to obtain approval for MassHealth benefits. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. 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 influence. The stories are drawn from major news organizations as well as specialized publications selected by widely acclaimed and highly experienced writers Keith Regan and Matt Murphy who introduce each article in their own clever and inimitable way. 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://lp.constantcontactpages.com/su/aPTLucK THE HOUSE AND SENATE: There were no roll call votes in the House or Senate last week. This week, Beacon Hill Roll Call reports local senators’ roll call attendance records for the 2022 session. The Senate has held 146 roll calls so far in the 2022 session. Beacon Hill Roll Call tabulates the number of roll calls on which each senator voted and then calculates that number as a percentage of the total roll call votes held. That percentage is the number referred to as the roll call attendance record. Thirty of the 40 senators did not miss any roll calls and have 100 percent roll call attendance records. This high level of participation can likely be attributed to the fact that under emergency rules adopted because of the COVID-19 pandemic, the vast majority of the 40 senators are not in the Senate chamber during a session. Most are watching and listening to the session from their home, business or Senate office and casting their votes remotely. Senators’ remote votes are communicated to Senate officials during the session or prior to the session if senators are informed in advance that there will be a roll call vote. If a member wants to speak on an issue under consideration, they do so on a separate “debate phone line” and their voice is then heard in the Senate chamber and by anyone watching the broadcast online. The number of senators who had 100 percent roll call attendance records in the four years prior to the pandemic was lower than 2022 as follows: 28 in 2019; 20 in 2018; 25 in 2017; and 17 in 2016. It is a Senate tradition that the Senate president only votes occasionally. Current Senate President Karen Spilka follows that tradition and only voted on 39 (26.7 percent) of the 146 roll calls while not voting on 107 (73.3 percent) of them. Nine (23 percent) of the 39 senators, other than Spilka, missed one or more roll calls. Sens. Cindy Friedman (D-Arlington), Diana DiZoglio (D-Methuen) and Sen. Joan Lovely (D-Salem) each missed three roll calls for a roll call attendance record of 97.9 percent. Sens. Sonia Chang Diaz (D-Boston), Harriette Chandler (D-Worcester) and Ryan Fattman (R-Sutton) each missed two rolls and scored a roll call attendance record of 98.6 percent. Finally, Sens. Mike Rush (D-West Roxbury), Adam Gomez (D-Springfield) and Nick Collins (D-Boston) each missed only one roll call for a roll call attendance record of 99.3 percent. Beacon Hill Roll Call contacted the nine senators asking why they missed some roll calls. Only two of the nine responded. “I was prevented from engaging in three roll call votes while working remotely because my internet connection was interrupted,” said Sen. Lovely. “I have participated in all other roll call votes this session and submitted a letter on how I would have voted to the Senate Clerk.” “A vote of mine was not recorded due to remote communications issue,” said Sen. Rush. “I submitted a letter [indicating how I voted] shortly after with my vote on [the roll call].” Sens. Friedman, Chang-Diaz, Chandler, DiZoglio, Fattman, Gomez and Collins did not respond to repeated requests by Beacon Hill Roll Call asking them for a statement. SENATORS’ 2022 ROLL CALL ATTENDANCE RECORDS The percentage listed next to the senator’s name is the percentage of roll call votes on which the senator voted. The number in parentheses represents the number of roll calls that he or she missed. Sen. Jason Lewis 100 percent (0) ALSO UP ON BEACON HILL FILL OUT ONE APPLICATION FOR MULTI-STATE BENEFITS– Gov. Baker signed into law a measure that would allow individuals to simultaneously apply online, on a state-sponsored website, for various state-funded benefits including MassHealth, the Supplemental Nutrition Assistance Program (SNAP), childcare subsidies, housing subsidies, fuel assistance and other needs-based health care, nutrition and shelter benefits. Supporters say that people who need state assistance usually need it from several different programs. They noted this presents a problem because it is difficult for people without cars and childcare to go to all the different places to apply. They said a one-stop common application would help streamline the system and avoid a lot of bureaucratic red tape. Baker said he strongly support the measure “as it aligns with an important initiative that is currently underway in this administration.” “The agencies and secretariats included in the proposed [measure] are currently engaged in collaborative efforts to establish a common application mechanism nearly identical to the portal envisioned by this section,” said Baker. MEDICAL MARIJUANA USE ON SCHOOL GROUNDS – Gov. Baker vetoed and sent back to the Legislature a section of the cannabis bill that he recently signed into law. The section he vetoed would require the Cannabis Control Commission, in consultation with the Department of Elementary and Secondary Education and the Department of Public Health, to conduct a study and issue recommendations on how to remove obstacles that currently prevent students at public and private K-12 schools from possessing and consuming medical marijuana on school grounds. Baker noted that current law states as clearly as possible that possession and consumption of marijuana must remain unlawful on the grounds of any K-12 school, on school buses and in youth centers. “The language of the section [that I vetoed] is highly prescriptive—making it clear that the agencies charged with producing the study must identify ways to make medical marijuana widely available within schools, rather than considering whether such an allowance is advisable,” wrote Baker is his veto message. “The voter initiatives that legalized medical marijuana in 2012 and 2016 included strong measures to keep marijuana away from K-12 schools and school children. Both laws explicitly stated that marijuana would in no circumstance be permitted on school grounds. [Current law] also states as clearly as possible that possession and consumption of marijuana must remain unlawful on the grounds of any K-12 school, on school buses and in youth centers. Because the study … clearly works against these important and well-established protections and disregards the clear intentions of the voters in legalizing marijuana use, I cannot approve this part of the bill.” Supporters of the study say they understand the governor’s concerns but note that this is only a study to get more information. They point out that the District of Columbia as well as 10 states—California, Colorado, Delaware, Illinois, Maine, Maryland, Oklahoma, Pennsylvania, Virginia and Washington—allow students to take medical marijuana on school grounds during the school day as part of their daily treatment. They say that just because a student is in school at the time, he or she should take his or her dose does not mean that the dose should not be given. BOARD OF EDUCATION RAISES THE MCAS SCORE HIGH SCHOOL STUDENTS WILL NEED IN ORDER TO GRADUATE – The State Board of Education voted to raise the minimum score that future high school students must receive on some of their MCAS tests in order to graduate including English language arts, math and science and technology/engineering. The higher score requirement will apply to students entering high school as freshmen beginning in the 2022-2023 school year. “Raising the … standard is critical, as is the message that we believe students are capable of meeting the higher standard and the commonwealth and its educators will support them to do that,” said Education Commissioner Jeff Riley. "This evidence underscores the importance of raising the standard and also highlights the need to articulate clearly to students, parents, educators and other stakeholders how the different levels of achievement on the MCAS tests signal whether a student is on track for success beyond high school, whether in postsecondary education, the military, the workplace, or independent and productive community life,” Riley continued. Sen. Pat Jehlen (D-Somerville) spoke against the regulations and said raising the passing score for English MCAS “will harm children who are English learners.” “These children will be the ones most affected by raising the English passing scores because, by definition, they don't yet read and write English fluently,” said Jehlen. “They can have bright futures as important members of our community and contributors to our economy if they can get a high school diploma.” The most outspoken critic of the proposal was Max Page, president of the Massachusetts Teachers Association. “You've fetishized an approach to education that is, at the very least, outdated and, at the most, destructive of our schools and communities,” said Page. “You know, somewhere a little before the ed reform bill in 1983, I had a shiny object I too thought was magical. It was called a mood ring and I thought it was capturing my every change of emotion. I also thought that REO Speedwagon's first album was really the height of pop music. Then I grew older and I grew up. The board is still fidgeting with your mood rings and spinning their REO Speedwagon albums, obsessed with a test invented some 20 years ago and repeatedly shown to do little more than prove the wealth of the student and the community where it is taken.” BHRC | SEE PAGE 20

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