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130 CMR: DIVISION OF MEDICAL ASSISTANCE

Trans. by E.L. 239 Rev. 07/01/21 MASSHEALTH FINANCIAL ELIGIBILITY Chapter 520 Page 520.027

(g) Guardianship Services and Expenses That are not Deductible. The following fees and costs are not allowed as a deduction under 130 CMR 520.026(E): 1. amounts that are also used to reduce a member’s assets under 130 CMR 520.004; 2. amounts that are also used to meet a deductible or any other deduction allowed under MassHealth regulations; 3. expenses related to the appointment of a guardian for an applicant when the appointment is made more than six months before submission of a MassHealth application; 4. expenses related to the appointment of a guardian for an applicant or member when the applicant or member does not request a deduction for the appointment within six months of the date of application or date of appointment, whichever is later. However, these expenses may be used as allowed pursuant to 130 CMR 506.009: The One-time Deductible or 520.032 to meet a deductible; 5. expenses, fees, or costs for expenses that are not essential to obtain medical treatment for the ward including financial management, except when the management is necessary to accurately complete a MassHealth application or redetermination form; 6. expenses, fees, or costs for transportation or travel time. 7. attorney fees, except when payment of the fees is required for the appointment of the guardian; and 8. fees for guardianship services provided by a parent, spouse, sibling, or child, even if appointed by the probate court. However, the MassHealth agency allows a deduction for guardianship expenses in accordance with 130 CMR 520.026(E)(3)(a) and (e).

520.027: Long-term-care Deductible

If after applying the deductions in 130 CMR 520.026(A) through (E) the long-term-care- facility resident's monthly income exceeds the public rate at the long-term-care facility, the MassHealth agency will establish a six-month deductible in accordance with 130 CMR 520.028 through 520.035 and use an income standard of $72.80.