Page 14 THE REVERE ADVOCATE – FRIDAY, JANUARY 28, 2022 If you have any questions about this week’s report, e-mail us at bob@beaconhillrollcall.com or call us at (617) 720-1562. GET A FREE SUBSCRIPTION 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 selected by widely acclaimed and highly experienced writers Chris Van Buskirk and Keith Regan 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: www.massterlist. com/subscribe THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives’ votes on roll calls from the week of January 17-21. There were no roll calls in the Senate last week. $55 MILLION FOR COVID-19 (H 4340) The House 159-0, approved and sent to the Senate a $55 million COVID-19 response bill. A key provision provides $30 million to increase the number of COVID-19 testing sites and purchase COVID-19 tests—with $5 million of that earmarked to expand vaccination rates among kids ages 5 to 11 in communities disproportionately aff ected by the virus. Another $25 million would be used for the acquisition and distribution of high-quality personal protective masks, including N95s and KN95s, to be distributed by February 28, 2022 to children and faculty in elementary and secondary public school districts. The measure also mandates that the Baker administration pursue the highest allowable rate of federal reimbursement for the $55 million package. “In the last couple of years we have learned a lot about how to treat, prevent and reduce the risks associated with the virus,” said Rep. Bill Driscoll (D-Milton), the House chair of the Committee on COVID-19 and Emergency Preparedness and Management. “We held additional oversight hearings in December and January because we wanted to understand the administration’s current and evolving plans to address Omicron and what might be around the corner in the weeks and months ahead. The funding included in this legislation aims to close several gaps regarding accessibility to testing and high fi ltration masks, particularly in schools. By providing the funding resources and several other extensions, like remote participation in public meetings, the commonwealth can take stronger and focused measures toward driving infection rates down and hopefully keep them down in the months ahead.” (A “Yes” vote is for the bill.) Rep. Jessica Giannino Yes CONSOLIDATED AMENDMENT TO COVID PACKAGE (H 4340) House 158-1, approved a package of several amendments to the COVID-19 package. The amendments were based on 23 individual amendments fi led by individual representatives. Supporters said the amendments would enhance the bill and help in the fi ght against COVID-19. Rep. Jeff Turco (D-Winthrop), the only representative to vote against the package of amendments, said he voted against them because they included substantive changes to the tort laws of the commonwealth. “Specifi cally, the amendment included language that granted hospitals and medical providers immunity from liability for acts of negligence related to care and treatment involving COVID-19. I do not support such a change without a full vetting and hearing process.” (A “Yes” vote is for the package of amendments. A “No” vote is against it.) Rep. Jessica Giannino Yes HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been fi led. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session. During the week of January 1721, the House met for a total of six hours and 50 minutes and the Senate met for a total of one hour and two minutes. Mon. Jan. 17 No House session Veterans’ Food Pantry Closed in February T he Dept. of Veteran’s Services has announced that the Food Pantry will be closed during the month of February due to circumstances beyond their control. The next Veterans’ Food Pantry is planned for March 2, 2022 from 10:30 am to noon. Please call before the March 2nd date to confi rm as it is still tentative. The Revere Food Pantry is still available. Please call the city 3-1-1 for more information. No Senate session Tues. Jan. 18 House 11:03 a.m. to 1:12 p.m. Senate 11:14 a.m. to 11:17 a.m. Wed. Jan. 19 House 11:19 a.m. to 3:54 p.m. No Senate session Thurs. Jan. 20 House 11:00 a.m. to 11:06 a.m. Senate 12:13 p.m. to 1:12 p.m. Fri. Jan. 21 No House session No Senate session Bob Katzen welcomes feedback at bob@beaconhillrollcall.com. Bob founded Beacon Hill Roll Call in 1975 and was inducted into the New England Newspaper and Press Association (NENPA) Hall of Fame in 2019. MASSHEALTH ISSUES FOR HOME AND VACATION HOME s long as one spouse is still living in the home, if the other spouse enters a nursing home, the home will be considered a non-countable asset. Therefore, MassHealth’s estate recovery will not place a lien on the home in order to recoup MassHealth benefi ts paid on behalf of the institutionalized spouse. Once MassHealth benefi ts are approved for the institutionalized spouse, it is important to then transfer the home to the spouse at home. If the institutionalized spouse is not mentally competent, an attorney in fact acting under the authority of a durable power of attorney can execute the deed on behalf of the institutionalized spouse. Another reason why durable powers of attorney are so important. Once the home is transA ferred to the spouse living at home, he or she then has the option of transferring the home to a caretaker child, an irrevocable trust or even a sibling that has an equity interest in the home. The reason for this is to avoid the possibility of the spouse at home actually dying before the institutionalized spouse and having the home vest entirely in the institutionalized spouse. Upon his or her death, MassHealth estate recovery will then be able to recover MassHealth benefi ts paid once it is notifi ed of the death of the institutionalized spouse as part of the probate proceedings. If the spouse at home transfers to an irrevocable trust and fi ve years have gone by, the home would be protected and would not be part of the probate estate upon his or her death. In the case of a single person, so long as the box is checked off on the MassHealth application stating that he or she intends to return home, MassHealth will not place a lien on the home. However, upon that person’s death, MassHealth will be able to recover against the probate estate. MassHealth will also place a lien on the home once it determines there is no reasonable expectation of that person returning home. MassHealth will, however, only be able to recover actual benefi ts paid for the institutionalized spouse, which will be at the lower monthly Medicaid rates, as opposed to the much higher private pay rates. This might serve to protect much of the equity in the home, depending on how long he or she resides in the nursing home. Vacation homes would be considered a countable asset. A vacation home would have to be sold in order to qualify for MassHealth. If dealing with a married couple, the sales proceeds could be used to purchase a Medicaid annuity for the spouse at home. If the vacation home were to be rented out at a profi t, then the vacation home would then be a non-countable asset whether dealing with a single person or married couple. Transferring vacation homes to an irrevocable trust as part of advanced planning may also be a good option to protect the vacation home. 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 Master’s Degree in Taxation.
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