Sample Letter to State Representative

SAMPLE LETTER TO STATE REPRESENTATIVE:

[DATE]

Representative [NAME OF STATE REPRESENTATIVE]

State House

Room [ROOM# OF STATE REPRESENTATIVE’S OFFICE]

Boston, MA 02133

DearRepresentative [NAME OF STATE REPRESENTATIVE]:

Iamwritingtourge youtowork todefeatOutsideSection11ofGovernor Baker'sFY2017proposed budget.ThisSectionseekstoexpandthe authorityoftheOfficeofMedicaid torecoverthecostofadeceased Medicaid recipient'smedicalcare fromany and allpropertyinwhich thedeceasedhadanownershipinterest immediatelyprior todeath. Presently,estaterecovery islimitedtopropertyinthe deceased’s probateestate, which means that recovery is limited to homes individually owned by the Medicaid recipient.

ThisproposalwasenactedbytheMassachusettslegislature inJuly2003atGovernor Romney'srecommendation,onlytoberepealedbythelegislatureon July23,2004,afterayearofdelays andconfusion,and resulting intherefundofall moniescollected. Rather than achieving costsavings,thisfiascocosttheCommonwealth untolddollars.

Morerecently,theStateofNewYorkalsopassed expandedestate recoveryprovisionsinApril,2011,onlytorepeal themonMarch27,2012,afterayearof turmoil. Iurgeyounottogodownthismisguidedpathagain.

Familyhomes heldinajointownershiporlifeestatearrangementpassing by survivorshipwillbeatrisk. Mostmarriedcouplesown theirhome injoint names and, undertheproposal,theStatewillbeabletofileaclaimagainstthe homeofasurvivingspouse,makingitimpossibleforthespousetosellor mortgagethepropertywithoutaddressingtheclaim.Suchclaimswillhavea devastatingeffectonsurviving spousesofformer nursinghomeresidents.

Expandedestate recoveryattacks thesanctityofthefamily homestead,which

Massachusettshastraditionallyprotected.

The proposal is especially cruel and unjust to seniors like me who have established estate plans relying upon the laws then in effect. This law would be effective for ALL PERSONS receiving Medicaid benefits on or after July 1, 2016. The proposal totally ignores and disregards the date we created estate plans and renders them useless. It is simply unconscionable for the Commonwealth of Massachusetts to change laws and apply those changes RETROACTIVELY to people who acted in good faith and in compliance with the provisions of the law before the changes were made.

Pleasework againstinclusionoftheseprovisionsintheFY2017Budget. Thank you inadvanceforyour support.

[YOUR NAME AND ADDRESS]