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Committee hears proposal to allow MassHealth to pay guardians who help incapacitated patients exit hospitals and manage care
Summary
Proponents told the committee the bill would authorize MassHealth to set a rate and reimburse qualified guardians who provide medical decision-making and discharge support for patients who lack family or other surrogates.
Representative Kearns and witnesses from legal services and elder-law programs testified in favor of House 253 / Senate 154, a bill that would allow MassHealth to establish payment rates to compensate qualified guardians who provide medical decision-making and discharge coordination for incapacitated people without family or other available surrogates.
Representative Kearns said the bill targets the "unbefriended" ' patients who have no family or interested surrogate and who are often medically ready for discharge but remain in hospital beds because no one is available to complete paperwork or make placement decisions. "There are people who are both incapable of making their own healthcare decisions and they are alone," Kearns said.
John Ford of Neighborhood Legal Services' Elder Law Project supported the bill, saying the measure would make guardianship appointments less costly to execute and increase the pool of qualified guardians willing to serve. Ford said probate courts currently identify the need for a guardian but often cannot locate someone willing to serve because there is no authorization to compensate guardians for their work.
Proponents said the bill would address backlogs of individuals who occupy hospital beds awaiting guardianship or discharge arrangements. The committee did not take formal action; sponsors asked for a favorable report and provided written testimony.
