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H 1365

An Act relative to changing Mass Health estate recoup for people with disabilities beyond age 55

194th Legislature (2025-2026) Introduced by Chris Flanagan

H 1365 modifies MassHealth estate recovery for disabled individuals over 55, potentially exempting them from state cost recoupment after death.

Reporting date extended to Friday, July 31, 2026
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Bill Summary · H 1365

Legislative bill overview

H 1365 proposes to modify Massachusetts MassHealth's estate recovery program by exempting or altering how the state recoup costs from the estates of disabled individuals over age 55. Currently, MassHealth can recover long-term care costs from a recipient's estate after death; this bill would change those recoupment rules specifically for people with disabilities who are past that age threshold.

Why is this important

Estate recovery directly affects disabled individuals and their families' inheritance and financial legacies. Many disabled people rely on MassHealth for critical services like nursing home care, personal assistance, and medical treatment—costs that can be substantial. Changing recoupment rules could preserve family assets and reduce financial hardship for heirs while potentially affecting state revenue used to fund the MassHealth program.

Potential points of contention

  • State budget impact: Reducing estate recovery decreases MassHealth revenue, raising questions about how the state would offset lost funding or whether other programs would absorb costs
  • Fairness and consistency: Why exclude disabled individuals over 55 but not younger disabled people or non-disabled elderly individuals currently subject to estate recovery?
  • Definition of disability: The bill's criteria for who qualifies as "a person with disabilities" may be disputed—whether it includes all disabilities or specific categories

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

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