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H 3868

An Act exempting veterans disability payments as income when they are applying for other Commonwealth services.

194th Legislature (2025-2026) Introduced by Donnie Berthiaume and 11 co-sponsors

Exempts veterans' disability payments from income tests for Commonwealth services, keeping VA benefits from reducing eligibility for means-tested programs.

Accompanied a study order, see H5466 (under House Rule 27)
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Bill Summary · H 3868

Summary: H.3868 — An Act exempting veterans disability payments as income when applying for other Commonwealth services

Overview

  • Bill Number: H.3868
  • Title: An Act exempting veterans disability payments as income when they are applying for other Commonwealth services
  • Introduced: February 27, 2025
  • Primary sponsor: Rep. John J. Marsi (Dudley)
  • Status: Hearing scheduled July 22, 2025, 1:00 PM–5:00 PM, in hearing room A-2
  • Referred to: Committee on Veterans and Federal Affairs (Feb. 27, 2025)
  • Related: HD 686 (a related or replacement measure)

Purpose and Intent

The bill would explicitly exclude veterans disability payments from being counted as income when determining eligibility for other services provided by the Commonwealth. The core aim is to ensure veterans’ VA disability compensation does not adversely affect eligibility for Massachusetts state programs and services.

Key Provisions

  • text to be enacted: “Notwithstanding any special or general law to the contrary, veterans benefits payments shall not be considered income for the purpose of determining eligibility for other services provided by the Commonwealth.”
  • Effect: Disabilities benefits paid to veterans (specifically veterans disability payments) would not be used to calculate income when evaluating eligibility for state services.

Who Is Affected

  • Primary beneficiaries: Massachusetts veterans who receive disability payments and apply for other Commonwealth services (e.g., means-tested programs or services administered by the state).
  • Administrative impact: State agencies and program administrators responsible for determining eligibility would no longer count veterans’ disability payments as income in eligibility determinations.

Procedural and Timeline Details

  • Introduction and filing: February 2025
  • Legislative actions: Referred to the Veterans and Federal Affairs Committee; Senate concurrence noted on the related action; Hearing scheduled for July 22, 2025
  • Hearing: July 22, 2025, 1:00–5:00 PM, in A-2
  • Status note: The bill is listed as House Docket No. 686 and is linked to HD 686 (replaces), indicating a closely related or substituted measure

Potential Impact and Considerations

  • Fiscal impact: The bill could modestly increase eligibility for certain Commonwealth services by removing disability income from the means-testing calculation, potentially increasing costs for affected programs. The bill text does not specify funding or offset mechanisms.
  • Policy alignment: Aligns Massachusetts practice with the principle of ensuring that veterans’ disability compensation is not treated as earned income for state eligibility purposes.
  • Implementation: Requires agencies to adjust income calculations for relevant programs once enacted; may necessitate guidance or regulations to harmonize with other federal and state means-testing rules.

Notes

  • The bill’s language is broad, applying to “other services provided by the Commonwealth,” not limited to a single program. Specific program applicability would depend on enacted text and agency guidance.

Compiled from official sources — confirm details with the bill’s official record.

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