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Witnesses Support Bill Letting MassHealth Pay Guardians for Incapacitated Individuals
Summary
Supporters told the committee that paying qualified guardians through MassHealth (House 253 / Senate 154) could reduce hospital discharge delays and improve care for people with no family or other surrogates.
Advocates and legal services testified that allowing MassHealth to establish payment rates for qualified guardians could address a backlog of hospitalized patients who cannot be discharged because no guardian or surrogate is available.
John Ford of Neighborhood Legal Services and other witnesses supported House 253 (Senate 154), which would authorize the Executive Office of Health and Human Services to set payment rates for social service programs to compensate guardians who serve incapacitated individuals with no family or other decision-makers. Ford said the measure targets the "unbefriended," people with no available family or friends to act on their behalf, and would help clear hospital beds occupied by patients who are medically ready for discharge but lack someone to complete placement paperwork.
Ford and other witnesses said last session's legislation directed DPH to study the issue and that courts often require a nominated guardian before approving guardianship; without an available paid guardian, hospitals face what Ford called a "traffic jam" of patients ready to leave but without a guardian to complete necessary discharge steps.
Speakers described the measure as a targeted authorization for MassHealth to set rates; they said details such as program eligibility, oversight and appropriations would be determined later. The committee did not take formal action at the hearing and witnesses asked lawmakers to move the bill for further consideration.
