New Template for = MPHA

Attention Elder=20 = Advocates:

Important = Information for=20 Nursing Home=20 = Residents

And their=20 = Spouses

Please widely distribute the following = message=20 which has been forward at the request of the=20 Massachusetts Senior Action=20 Council.

The MassHealth rules for = calculating the=20 resources available to the spouse of a nursing = home=20 resident have changed. =20 Effective July=20 1, 2006 a spouse living in = the=20 community is entitled to keep up to $99,540 as = her share=20 of countable family assets. Under = the former=20 rules, a spouse was entitled to keep all of the = assets=20 up to $19,998 or half of the assets up to = $99,540,=20 whichever was greater. This = change will=20 allow many elderly spouses to keep enough assets = to live=20 with comfort and dignity.

We need your help to spread the word = about this=20 change. =20 Although the change was made as a result of = legislative=20 action on July 30^th, the change is=20 retroactively effective to July = 1^st. = Elderly spouses=20 who are not aware of the change may be currently = spending down assets to the level of the old = rules when=20 they are in fact entitled to keep those = assets. Once = the assets=20 are gone it will be very difficult to get them=20 back.

What can you do to help elders in this=20 situation? =20 Be aware that individuals in the following = circumstances=20 may be entitled to the new higher spousal asset=20 level:

=B7 =20 Individuals who = applied=20 for MassHealth long = term care=20 in July and received a denial based on excess=20 assets

=B7 =20 Individuals who = filed an=20 appeal from a denial based on excess assets and = are=20 waiting for a hearing

=B7 =20 Individuals who = filed an=20 appeal seeking an increased spousal income = allowance and=20 are waiting for a = hearing

=B7 =20 Individuals who = have not=20 yet applied for MassHealth=20 because they are aware of the old rules and = think they=20 do not qualify

If you are aware of anyone in these = situations he=20 or she should immediately consult an elder law=20 practitioner. If an = individual=20 cannot afford a private attorney he or she can = seek help=20 from a legal services office. To = locate an=20 elder law practitioner in your area go to = www.manaela.org and click=20 on =93Find an attorney=94. To = locate the=20 legal services office nearest you go to = www.masslegalservices.org = and click on = =93Directory=94.

Prepared by Deb = Thomson at The=20 PASS Group, (617) = 227-6985.

Sue=20 Kirby

Executive=20 Director

Massachusetts=20 Senior=20 Action=20 Council

Phone:=20 (617) = 442-3330

Cell:=20 = (617)833-5064

Fax:=20 (617) = 442-3733

www.masssenioraction.org