An Act relative to Massachusetts home care eligibility

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 1 co-sponsor

Expands MA home care to include people with HIV/AIDS regardless of age if other eligibility criteria are met, via regulatory amendments to 651 CMR 3.00 (no new funding).

House concurred

Overview

Bill SD 1172, titled “An Act relative to Massachusetts home care eligibility,” seeks to expand access to Massachusetts home care program services. The bill directs the Executive Office of Aging and Independence (EOAI) to amend current home care regulations so that individuals diagnosed with HIV or AIDS are eligible for home care services regardless of age, provided they meet other eligibility criteria. The bill is aimed at ensuring HIV/AIDS diagnosis does not bar access to home care based solely on age.

Introduced: March 10, 2025

Docket/Status: Senate Docket No. 1172; House concurred (status indicates the House adopted the Senate version or agreed with amendments)

Committee action (historic note): Referred to the Committee on Elder Affairs; similar measure previously filed (S. 376 in 2023-24)

Purpose and intent

To remove age-based eligibility barriers for home care services for people diagnosed with HIV or AIDS.

To ensure that individuals with HIV/AIDS who are otherwise eligible for home care can access these supports, regardless of age.

To implement via regulation, rather than through new appropriations, by directing regulatory agencies to revise the relevant rules.

Key provisions

Regulatory amendment requirement: The Act directs the Executive Office of Aging and Independence (EOAI) under section 4 of chapter 19A to amend the Massachusetts home care regulations, specifically 651 CMR 3.00.

Scope of eligibility: Home care program services must be made available to persons diagnosed with HIV or AIDS regardless of age, so long as they meet other eligibility requirements.

Implementation responsibility: The secretary for health and human services is charged with ensuring that all relevant agencies under her purview promulgate regulations as necessary to implement the act.

Affected parties

Primary beneficiaries: Individuals diagnosed with HIV or AIDS who are otherwise eligible for Massachusetts home care services.

Providers and agencies: Agencies administering home care programs under the EOAI; regulatory bodies responsible for implementing and updating 651 CMR 3.00.

Administrative/operational: State agencies that oversee aging, disability, and health services, which will update regulations to reflect the policy change.

Procedural and timeline aspects

The bill instructs regulators to amend existing regulations to reflect the new eligibility standard; it does not specify a funding appropriation.

Regulatory amendments would be developed and promulgated to implement the change.

Legislative status indicates movement in the 2025-2026 session, with the House having concurred after Senate action.

Summary takeaways

SD 1172 expands Massachusetts home care eligibility to include people with HIV/AIDS regardless of age, provided other criteria are met.

The mechanism is regulatory change (651 CMR 3.00) guided by the EOAI and the secretary of health and human services.

No explicit funding changes are part of the bill; implementation relies on regulatory updates to existing programs.

Bill