An Act relative to fiduciary responsibility
This bill expands the financial liability of individuals who receive assets from nursing home residents to ensure they can pay for care. Specifically, it requires anyone who receives a transfer of assets from a resident that later disqualifies them from Medicaid to reimburse the facility for care costs up to the amount transferred. Additionally, the law holds fiduciaries, such as legal guardians or joint account holders, responsible for paying the resident's required income contribution if they refuse to do so after receiving official notice. Facilities must provide written notice to potential defendants at least 30 to 45 days before filing a lawsuit, and any resulting judgments cannot be enforced while a Medicaid application is still pending. The legislation aims to protect long-term care facilities by creating a direct financial recourse against those who benefit from or manage a resident's funds, without affecting other existing legal rights or the liability of successor fiduciaries for their predecessors' actions.
Bill status
passed
3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Feb 2023
Governor
Introduced Feb 16, 2023
Last action May 9, 2024
Floor votes
How they voted
This bill passed the House. No roll call record of that vote is available.
Full legislative history
Actions timeline
Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Lower · Passed
House concurred
lower
Feb 16, 2023
Committee
Referred to the committee on Health Care Financing
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ryan Fattman
RRepublican
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