An Act relative to Massachusetts home care eligibility

194th Legislature (2025-2026) Introduced by Sam Montaño and 1 co-sponsor

Expands Massachusetts home care to HIV/AIDS patients of any age by amending 651 CMR 3.00; requires health/elder affairs to implement via regulations, boosting access and equity.

Overview

This proposed Massachusetts bill would expand access to in-home care services by removing the age limitation for people diagnosed with HIV or AIDS who are otherwise eligible. It targets services administered under the Executive Office of Elder Affairs, to be implemented through regulatory changes to MA home care rules (651 CMR 3.00).

What the bill would do

Amend the Massachusetts home care regulations (651 CMR 3.00) to require that home care program services be available to persons diagnosed with HIV or AIDS regardless of age, provided they meet all other eligibility criteria.

Task the Secretary of Health and Human Services to ensure the relevant agencies under her purview promulgate the necessary regulations to implement the act.

Key provisions and changes

Eligibility expansion: HIV/AIDS patients would qualify for home care services without an age cap, as long as they meet standard eligibility requirements for home care.

Regulatory implementation: Changes are to be accomplished through amendments to 651 CMR 3.00 and any accompanying regulations, to be issued by the Executive Office of Elder Affairs and other agencies under the Health and Human Services secretariat.

Administration: The Executive Office of Elder Affairs would be the lead administrator for home care services affected by this change, with oversight and coordination by the health and human services secretary.

Who would be affected

Individuals diagnosed with HIV or AIDS who seek or require home care services and meet other existing eligibility criteria.

Agencies within the Executive Office of Elder Affairs and other state agencies responsible for administering MA home care programs, which would implement the regulatory changes.

Implementation timeline and process

The bill relies on regulatory action rather than an immediate statutory expansion. After enactment, the Secretary of Health and Human Services and the Executive Office of Elder Affairs would promulgate the necessary regulations to implement the expanded eligibility.

No specific effective date is provided in the bill text; the timeline depends on the regulatory process and any subsequent guidance or formal rulemaking.

Context and background

A similar measure was filed in a prior session (House No. 645 of 2023-2024), indicating ongoing interest in aligning HIV/AIDS eligibility with broader home care access.

The bill references authority under section 4 of chapter 19A and seeks to amend existing home care regulations for implementation.

Potential implications

Policy: Advances equity in access to home-based care for people living with HIV/AIDS, regardless of age.

Operations: Requires regulatory updates and interagency coordination to implement the expanded eligibility.

Fiscal: The bill does not specify funding; cost implications would depend on utilization, funding levels, and regulatory guidance.

Bill