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Note: S. 767 “Dollars Follow the Person” Bill – identical with H. 1302
SENATE 767 - REGARDING CHOICE OF LONG TERM CARE SERVICES.
Section 9 of Chapter one hundred and eighteen E is hereby amended by adding
at the end thereof the following new language:--
Individuals eligible for admission to long term care facilities under this chapter, and residents of long term care facilities whose care is paid for by MassHealth, shall be given a choice of receiving long term care services either in a home or community-based setting, or in a long term care facility in order to secure services in the least restrictive setting appropriate to their needs. The dollars that are provided for said long term care services shall follow such individuals as their setting of care changes. An individual shall receive a community-based services plan with a dollar value up to the average monthly dollar amount paid for by the division of long term care facility, based on an assessment of his or her need for care, conducted by an Aging Services Access Point, as defined in section 4B of chapter nineteen A. An individual aggrieved by the care plan or the dollar value of said plan shall, upon request, be given reasonable notice and opportunity for a hearing, upon appeal to the division in accordance with section 47 of this chapter.
SECTION 2. The division shall promulgate regulations to implement the provisions of this section.