Comments on MassHealth's Medicare Savings Program (MSP) Regs

CMS approved a state plan amendment to increase the income disregard in the Medicare Savings Programs to 90% FPL effective Jan. 1, 2023.  MassHealth issued an EOM in Feb followed by emergency regulations with a comment period in May 2023. Attached are the comments of MLRI and 14 other legal services organizations and advocacy organizations for older adults and people with disabilities. The comments strongly object to MassHealth's new policy of limiting application of the higher income limits to only those using the MSP-only (MHBI) application form and not the full SACA-2 application or renewal form, and of continuing to use the older MSP 30% FPL disregard for anyone applying or renewing eligibility using the SACA-2 form. 

Until MassHealth changes its policy, advocates should consider assisting affected clients to appeal from decisions that fail to apply the Jan 1, 2023 income standards. If people have reapplied using the MHBI form in order to benefit from the higher income standards, advocates should consider appealing from the effective date if clients were active in the system on Jan 1, 2023 or later via a SACA-2 application or renewal. MLRI is available to assist with these appeals.

MassHealth has promised to change its policy & issue retroactive benefits as appropriate following system changes expected in Nov 2023. We will post updated information as soon as it is available.

Nov 2023 Update: MassHealth revised its regulations at 505.007 and 519.010 and 519.011 eff 11/24/23 to eliminate the use of different MSP eligibility rules depending on which application/renewal  form people used and issued corrective notices for over 20,000 affected individuals.