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Page 20 THE REVERE ADVOCATE – FRIDAY, JULY 26, 2024 BEACON | FROM Page 19 THE HOME AND THE MEDICAID LIEN T he general rule is that the home and any adjacent land, if located in Massachusetts, is considered to be a “non-countable” asset for MassHealth eligibility purposes as long as the applicant checks off the box on the MassHealth application stating that he or she intends on returning home from a nursing home. This may or may not be likely to happen but by checking the box, the home will not be a countable asset. Assuming that for a single person the total of all other countable assets is $2,000 or less, the applicant will be eligible for MassHealth benefi ts. MassHealth’s estate recovery unit will, however, place a lien on the property. This is done so in order to seek repayment of Medicaid benefi ts paid to the nursing home upon the death of the MassHealth applicant. The home would have to be sold (ormortgaged) in order to pay back MassHealth. It is important to note, in 2024, the home will not be considered a “non-countable” asset if the equity in the home exceeds $1,071,000. There is an exception to this rule. The home will still be non-countable if a spouse is living there or a blind or permanently disabled child is living there, regardless of its value. The benefit of applying for MassHealth and keeping the home is that estate recovery will be based upon the “Medicaid” rate and not the private pay rate. Therefore, the ultimate recovery against the home will be much less. If the private pay rate for the average nursing home in Massachusetts is $15,000 per month, the “Medicaid” rate might be, for example, $7,000 per month. This may be one reason why not to sell the house. For example, if the home is sold for $750,000, at $15,000 per month for nursing home cost, the equity in the home would be entirely wiped out in approximately 50 months. However, if MassHealth is apand should be extended to 2030 or be made premanent. Amendment opponents said the program does not expire until 2026 and it is unnecessary to extend the program right now. Some argued that the use of coupons drives up health care costs by luring consumers and encouraging them to request highpriced brand name medication. Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment, did not respond to repeated requests by Beacon Hill Roll Call asking him to comment on his support for the amendment. Sen. Cindy Friedman (D-Arlingplied for and the house is not sold, and the application is approved, assuming the “Medicaid” rate is $7,000 per month, the equity in the home would not be wiped out until approximately 107 months. In other words, it would take twice as long to lose all of the value of the home. The Medicaid rate is what MassHealth actually pays to the nursing home each month. The daily rate paid is based upon the level of care provided to the applicant. In this example, if the MassHealth recipient died in the nursing home after 36 months, the payback to MassHealth would only be $252,000, leaving $498,000 in equity for the family members upon the applicant’s death. In this example, I am assuming the applicant is single. If married, the house can simply be transferred to the spouse who is still living at home. So it pays to at least look at your options when dealing with the home and MassHealth eligibility. It also makes a lot of sense to consider transferring your home to an irrevocable Medicaid-qualifying Trust. In that case, after the fi ve year look-back period is over, the house will be protected. This would avoid probate and also any Estate Recovery Lien. MassHealth estate recovery only applies to the probate estate, not assets held in Trust. 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. ton), the Senate chair of the Committee on Healthcare Financing, did not respond to repeated requests by Beacon Hill Roll Call asking her to comment on her opposition to the amendment. (A “Yes” vote is for the amendment extending the use of coupons. A “No” vote is against it.) Sen. Lydia Edwards No ALSO UP ON BEACON HILL VOTE BY MAIL APPLICATIONS — Secretary of State Bill Galvin told voters this week to check their mail for an offi cial 2024 Vote By Mail Application. His offi ce is sending applications to all registered voters who have not already applied for a state primary ballot. Voters who already applied earlier this year will not receive another application. Any voter who wants to vote by mail in their party’s September 3 primary can use this preaddressed, postage pre-paid application to request their ballot. Unenrolled voters, also known as “independents,” can vote in either party primary but they must indicate their party ballot selection on the application. “These applications will look very similar to the ones that were sent to voters in January, ahead of the presidential primaries,” said Galvin. “You will only receive an application if you haven’t already applied, or if you didn’t make a party selection on your previous application. If you prefer to vote in person, early voting for the state primaries begins August 24th, Applications being mailed to voters this week allow a voter to apply for a September Primary ballot, a November general election ballot, or both. Voters who prefer to apply online may do so at www.VoteInMA.com PET CEMETERIES (H 4206) — The House has shipped off to a study committee a measure that would require the owner of any property used or to be used for a pet cemetery to fi le in the Registry of Deeds a dedication restricting the property to be used only for the operation of a pet cemetery. Bills that are sent to a study committee bills are rarely actually studied and are essentially defeated. It is a way to kill a proposal without holding a vote on the bill itself. Supporters say the bill would preserve existing pet cemeteries by preventing the construction and development on the property that is or holds out to be a pet cemetery. “Our pets hold a special place in our hearts, and the places where they are laid to rest deserve the same level of reverence and protection as any other memorial site,” said sponsor Rep. Rodney Elliott (D-Lowell). “This legislation ensures that pet cemeteries are upheld with the dignity and respect they deserve.” BILLS STUCK IN COMMITTEE — These three bills were all given initial approval by the House in April but have not moved since. They are stuck in the Bills in Third Reading Committee. EXPAND PROPERTY TAX ABATEMENTS FOR POLICE AND FIREFIGHTERS (H 2890) — Would expand the current law which provides a property tax abatement to the surviving spouses and minor children of police offi cers and fi refi ghters “killed in the line of duty.” The bill provides that the abatement also go to the families of offi cers who “died in the line of duty.” “Killed in the line of duty” has a limited defi nition usually meaning the individual lost their life in an incident, accident or due to violence that are directly related to their service. “Died in the line of duty” is broader and can account for a number of medical emergencies like stroke or heart attack. “This legislation honors the sacrifi ce of our brave police and fi refi ghters,” says sponsor Rep. Paul McMurtry (D-Dedham). “This simple language change will assure that surviving family members receive the tax benefi t they are deserving of and what I believe was the original intention of the exemption.” TAX INCENTIVE FOR URBAN AGRICULTURE (H 2852) — Would promote urban agriculture and horticulture by allowing Gateway cities as well as cities and towns, with populations of more than 50,000, to exempt from property taxes any land of two acres or less that is used for commercial urban agriculture and horticulture. Additionally, the parcel must have had at least $500 in gross sales of agricultural or horticultural products in the prior year to be eligible for the tax exemption. “Rep. Vanna Howard (D-Lowell) and I fi led this bill together to support small-scale urban agriculture, which expands access to healthy food and promotes economic growth in cities,” says co-sponsor Rep. Hannah Kane (R-Shrewsbury). “In addition to these benefi ts, urban agriculture also improves environmental health and makes local food systems more resilient. By incentivizing urban agriculture, this bill will help cities obtain the benefi ts of these operations.” INCREASE PARKING FINES (H 3326) — Would allow cities and towns to double the maximum fi ne for some parking violations. Current law sets a maximum fi ne for many violations at $50 if paid within 21 days, $55 if paid after 21 days and $75 if paid after the parking clerk reports the parking off ense and fi ne to the Registry of Motor Vehicles. The bill increases the fi nes to $100 if paid within 21 days, $110 if paid after 21 days and $150 if paid after the parking clerk reports the parking off ense and fi ne to the Registry of Motor Vehicles. Rep. Susan Gifford (R-Wareham), the bill’s sponsor, says the current maximum fi nes have not been changed since 2004, nearly twenty years ago. “This bill does not establish any minimum fi nes or mandate an increase in any existing fi nes,” continued Giff ord. “It merely gives communities the option to adopt policies that better suit local needs and enforcement priorities.” QUOTABLE QUOTES “Ensuring every student can read is fundamental to all other education goals and right now we are failing miserably. Progress on literacy cannot wait another day. Failure to act is costing our students and threatening their futures.” --- Ed Lambert, executive director of Massachusetts Business Alliance for Education, urging legislators to pass legislation that would expand the use of science-based literacy instruction to address the state’s early literacy crisis. “The total lack of respect displayed by Secretary Santiago towards the single largest veteran’s organization in the commonwealth and the world, the 35-000-member strong Department of Massachusetts American Legion, requests you remove Secretary Santiago from his position of Secretary of Executive Offi ce of Veterans Services.” --- From a letter sent by the Massachusetts chapter of the American Legion to Gov. Maura Healey, urging that she fire cabinet member Jose Santiago, secretary of Veteran’s Services because he has broken tradition with previous veterans aff airs secretaries in not attending certain meetings, conventions and banquets when invited. “[Secretary Santiago] has demonstrated extensive engagement with the veteran community.” --- Response from the Executive Office of Veterans Services, noting Santiago or someone from his office has attended at least 16 events and visits with the American Legion over the past 16 months, nine of which Santiago personally attended.” “We have the responsibility of ensuring that mental health care is accessible in every community in our state, especially those that have been historically underserved. This investment paves the way for enhanced Behavioral

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