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THE SAUGUS ADVOCATE – FriDAy, JAnUAry 24, 2025 Page 19 BEACON | FROM PAGE 18 a bill establishing February 4th as Rosa Parks in recognition of the historic civil rights leader. “Rosa Parks’ bravery on that Montgomery bus was not just a pivotal moment in the Civil Rights Movement—it was a lesson in courage, dignity and the power of standing up for what is right,” said co-sponsor Rep. Kip Diggs (D-Barnstable). “February 4th is the birthCOMMUNITY SPOUSE PROTECTION OF ASSETS M edicaid (Mass - Health 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 long-term 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 benefits. What if most of the couple’s income is in the name of the institutionalized spouse, and the community spouse’s income is not sufficient 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 figure, 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 made 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 figure 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 financial 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 file an appeal in order to preserve your initial application date and your benefit 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,Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation. day of Rosa Parks, so it will be a great reminder to all those within the commonwealth to reflect on the role she played in raising international awareness of the struggles for civil rights,” said co-sponsor Rep. Mike Kushmerek (D-Fitchburg). BOSTON CAN RAISE FINES (H 4507) – Gov. Healey signed into law legislation that would allow the city of Boston to raise from the current $300 to up to $2,000, the fines imposed on property owners, landlords and businesses that violate the city’s sanitary code. The bill also allows Boston to adjust the maximum fine for inflation every five years. Supporters said that the city’s fine limit has not been raised since 1989. They said that raising fines will help crack down on repeat offenders who are not deterred by the small current $300 fee. Rep. Kevin Honan (D-Boston), the sponsor of the bill, did not respond to repeated requests by Beacon Hill to comment on the bill being passed and signed into law. ALSO UP ON BEACON HILL MARIJUANA SALES CLIMB TO AN ALLTIME HIGH - Marijuana establishments in Massachusetts generated more than $1.64 billion in gross sales in 2024, setting a new annual record for the state. “The cannabis industry in Massachusetts continued to mature in 2024 as the commission approved the 700th—and counting— notice to commence operations,” Acting Chair Bruce Stebbins said. “The clear growth of the industry is the result of ongoing collaboration between commissioners and agency staff, business owners, host communities, an engaged consumer base and the medical community. We’re looking ahead to continued growth in 2025 and beyond as we seek to expand the industry with new social consumption licenses.” PROTECT DRINKING WATER SUPPLY (SD 847) - Sen. Jamie Eldridge (D-Marlborough) and Rep. Natalie Blais (D-Sunderland) filed legislation that would enable the Bay State to develop minimum statewide water quality standards for private wells and expand a financial assistance program to remediate wells affected by PFAS (“forever chemicals”) and other harmful contaminants in drinking water supplies. Supporters say that more than 500,000 Massachusetts residents, located heavily in rural areas but also in all 351 cities and towns, rely on private wells for their drinking water. They note that many people are consuming water that may be unsafe because the source is not regularly tested and treated like public water supplies and could have harmful contaminants such as PFAS, arsenic, radon, uranium and more. “As the Legislature continues to address PFAS contamination in communities across the state this session, it’s crucial that the hundreds of thousands of households relying on private well water have access to clean and safe drinking water,” said Sen. Eldridge. “That’s why I’m proud to once again file legislation to empower the DEP to regulate private wells and establish a program to help homeowners test their wells for dangerous contaminants. MASSACHUSETTS GUN LAWS RANKING - Everytown for Gun Safety’s 2025 State Gun Law Rankings were released last week, and they report that Massachusetts has the second strongest gun laws in the nation, just behind California. According to the report, the rankings show a clear connection between stronger gun safety laws and lower rates of gun deaths. The report suggests that if every state in the country had the gun death rates of the nine states with the strongest gun safety laws, 299,000 lives could be saved in the next decade. “Gun laws save lives and BEACON | SEE PAGE 21

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