House Passes Bill Giving Massachusetts Elders Equal Choice

BOSTON, MA – Senior citizens and the disabled who qualify for long term care services under the MassHealth program will have an “equal choice” of care at home or care in a nursing home under legislation adopted unanimously by the House of Representatives on Monday.

House Bill 5203, the “Equal Choice” bill, modernizes the MassHealth program from one which has historically been institutionally oriented, to one which focuses on care “in the least restrictive setting appropriate” to an individual’s needs.

“The elderly and the disabled want to be cared for at home as a first resort,” explained Representative John Keenan (D-Salem), “This legislation gives them the choice to live independently in the community. Equal choice provides dignity for our seniors.”

The equal choice bill will save state taxpayers $134 million in the first five years after implementation. Several recent studies of the state’s long term care system have noted the Commonwealth’s over-reliance on institutional care. Today, approximately 75% of the MassHealth funding for long term care goes to nursing homes.

“This bill is a win-win,” observed Representative Keenan, “It allows elders living in the community to stay there if they choose and it saves tax dollars as well.”

Al Norman, Executive Director of Mass Home Care, noted, “The bill is an important civil rights bill that allows consumers to seek care in the most integrated setting. Its passage is the culmination of years of hard work on the part of home care advocates, the Chairman of the Elder Affairs Committee Robert Correia, the bill’s main sponsors, Representatives Festa and L’Italien, as well as the House leadership.”

The equal choice bill establishes a more focused pre-admission counseling program for people who are referred to a nursing home, to ensure that they are aware of community alternatives. Anyone about to enter a nursing home – regardless of whether they are privately paying or seeking MassHealth support – will first have the opportunity to explore options in their community.

The equal choice bill calls for the state to submit a waiver to the federal government that will raise the income and asset levels for the MassHealth long term care program, thus allowing the Commonwealth to capture 50% federal match for some elders who are not fully supported with state funding.

The equal choice legislation has been endorsed by the major elderly and disabled rights groups in the state, including Mass Home Care, AARP, the Statewide Independent Living Council, MAOA, Mass Senior Action, Mass Councils on Aging, the Greater Boston Interfaith Organization, and North Shore Elder Services.

The Senate engrossed a similar version of the equal choice bill on a unanimous vote. The bill will now come up for a final vote in the Senate followed by final enactment in the House before being sent to the Governor for his approval.