MassHealth Equality bill goes into effect

On Dec. 9 MassHealth, the state's Medicaid program, began implementing new regulations requiring the agency to provide equal treatment to married same-sex couples. Prior to the regulatory change MassHealth did not recognize the marriages of same-sex couples because the program receives federal funding; the 1996 Defense of Marriage Act prevents the federal government from recognizing same-sex marriages. Lawmakers passed the new regulations last July through legislation called the MassHealth Equality Act.

Melissa Shannon, director of intergovernmental affairs for MassHealth, said beginning this week the agency began attaching a sticker to applications for MassHealth explaining that same-sex marriages would now be recognized by MassHealth.

"We started yesterday fully implementing it, and the change will be effective for any application submitted on or after October thirty-first," said Shannon.

The new regulations will ensure that same-sex married couples receive the same asset protections that heterosexual couples enjoy. Without those protections if one spouse entered long-term care funded by MassHealth, the state could potentially seize the couple's home and most of their assets. Under the new regulations the state will pay the entire cost of providing benefits for recipients in same-sex marriages.

The regulatory change may not be good news for all MassHealth recipients. The agency will now take same-sex marriages into account when determining eligibility for the program, and someone who might have been eligible as a single person may not qualify as a married spouse. Shannon said couples would be judged on eligibility using the same standards applied to heterosexual couples.

Those receiving MassHealth benefits who want to update the agency about their marital status may call the MassHealth Enrollment Center. For those recipients who do not call, Shannon said MassHealth would update their marital status during its annual re-determination process when it reassesses recipients for eligibility.

To contact the MassHealth Enrollment Center call 1.888.665.9993 or visit www.mass.gov/masshealth.