An Act to protect MassHealth applicants facing undue hardship

This bill amends Massachusetts law to create a formal process for nursing facility residents to request waivers of financial penalties known as periods of ineligibility. It establishes a rebuttable presumption that individuals qualify for these waivers if they can prove they lack resources for basic needs, have made reasonable efforts to recover transferred funds, and have no cheaper care options available. The legislation also ensures that a facility does not need to explicitly plan to discharge a resident for nonpayment for the waiver to be considered. Finally, the state health division is required to write new regulations outlining how these hardship requests will be evaluated and appealed.