M.G.L. c. 18, § 1 Department of transitional assistance
c. 18, § 1. Department of transitional assistance
Section 1. There shall be a department of transitional assistance, in this chapter called the department.
DEPARTMENT OF TRANSITIONAL ASSISTANCE
M.G.L. pt. Part I, tit. Title II, ch. c. 18
in effectM.G.L. c. 18, § 2 Comprehensive financial assistance program; services
c. 18, § 2. Comprehensive financial assistance program; services
Section 2. (A) The department shall provide and administer throughout the commonwealth a comprehensive transitional assistance financial assistance program, including the following services: the provision and administration of the supplemental nutrition assistance program, with benefits designed for use by participants to purchase eligible foods, including seeds and plants, for home consumption and use; the provision of financial assistance to those in economic need and the determination of eligibility for the categorical public assistance provided under the Federal-State programs; financial assistance for care and rehabilitation of the aging; financial assistance for health services and medical care, except that such assistance shall not include medical assistance provided under chapter one hundred and eighteen E; and other forms of financial assistance to families and individuals as needed except with respect to housing needs as provided for under section 30 of chapter 23B.
In order that said services be adapted, organized and coordinated to meet the needs of certain population groups, each community service center shall provide financial assistance programs for:
(a) families, children and unmarried parents, which program shall, among other objectives, serve to assist, strengthen and encourage family life for the protection and care of children, assist and encourage the use by any family of all available resources to this end;
(b) the aging and other adults in need of financial, legal, health, employment or other services;
(c) other population groups who require special adaptation of the services provided because of special financial needs;
(B) The department shall:
(a) formulate the policies, procedures and rules necessary for the full and efficient implementation of programs authorized by the laws of the commonwealth and federal laws in the area of transitional assistance financial assistance;
(b) administer the services, funds and personnel necessary for such transitional assistance financial assistance programs throughout the commonwealth;
(c) establish high standards of transitional assistance financial assistance service and shall strive to elevate such standards;
(d) provide the range of transitional assistance financial assistance services on a fair, just and equitable basis to all people in need of such services;
(e) collaborate with other departments of the commonwealth which are in fields related to social welfare and with voluntary or private agencies or organizations to assure efficient and high-quality financial assistance, health, mental health, educational, correctional and employment services for persons who are unable for social or economic reasons to provide such services for themselves;
(f) study the economic problems and welfare services in the commonwealth, and make recommendations to the appropriate branches and agencies of government for broadening and improving the scope and quality of welfare services;
(g) formulate a standard budget of assistance, the adequacy of which shall be reviewed annually.
(h) make quarterly reports, based upon statistical sampling methods, to the house and senate committees on ways and means, on (1) the number of public assistance applications processed within thirty days and for aid under chapter one hundred and eighteen and within twenty-two days under chapter one hundred and seventeen, and (2) the number of such applications processed within forty-five days. Such reports shall contain information sufficient to indicate whether ninety-five per cent of the applications were processed within the time periods in clause (1) of this subsection and if not, what actions have been taken to reach that percentage.
(i) charge a fee up to the maximum amount permissible under federal law for any identification card it issues as a replacement for an identification card that has been lost, mutilated, stolen or destroyed, except if such loss or destruction occurs during the mailing of an original identification card to a recipient, if the card ceases to work through no fault of the recipient or if the department issues replacement cards on its own initiative to classes of recipients; provided that the fee shall not be less than $5; and provided further that all fees for replacement cards shall be deducted directly from the recipient's cash assistance benefits.
(j) send a notice to any benefit recipient who requests more than 3 replacement electronic benefit transfer cards in a calendar year and monitor future requests for replacement cards; provided that the notice shall state that the department has noted an unusual number of requests for replacement electronic benefits cards and will be monitoring all future requests for replacement cards.
(k) require the use of photo identification on the front of each newly issued and reissued electronic benefit transfer card for each cardholder who is over the age of 18; provided, however, that the department shall promulgate regulations to ensure that all authorized users and members of the household are able to use an electronic benefit transfer card pursuant to 7 U.S.C. section 2016(h)(9); provided further, that the department shall not require the use of photo identification for individuals who are 60 years of age or over, blind, disabled or victims of domestic violence; and provided, further, that in developing regulations for authorized users, the department shall consult with businesses or vendor associations whose members accept electronic benefit transfer cards as a form of payment including, but not limited to, the Massachusetts Food Association, the New England Convenience Store Association and the Retailers Association of Massachusetts.
(l) include the fraud hotline number and department website on all newly issued electronic benefit transfer cards.
(m) provide notice to households and recipients of cash assistance benefits under emergency aid to the elderly, disabled and children and transitional aid to families with dependent children whose benefits have not been accessed for 270 days or more that they must contact the department or their benefits will be expunged. The department shall expunge and recoup the balance of cash assistance benefits under emergency aid to elders, disabled and children and transitional aid to families with dependent children if no response to the notice is received by the department within 30 days and shall notify the recipient when the funds are expunged;
(n) provide notice to all households and recipients of cash assistance benefits under emergency aid to the elderly, disabled and children and transitional aid to families with dependent children with balances higher than $1,500 that such recipients shall contact the department for a case review within 30 days of receiving the notice in order to continue receiving benefits or the recipient's benefits shall be suspended. If the recipient has a balance in excess of $2,500, and fails to complete the case review, the department shall expunge and recoup any amount in excess of $2,500. The department shall provide notice to the recipient that the recipient's benefits have been suspended or expunged for failure to complete their case review;
(o) on a biannual basis, on or before January 1 and July 1, file a report detailing the following: (i) the number of households and recipients receiving cash assistance under transitional aid to families with dependent children who are non-exempt from the work requirement, as described in 106 CMR 203.400(A)(1)(a) to (c), inclusive; (ii) the number of households and recipients receiving cash assistance under transitional aid to families with dependent children who are exempt from the work requirement; (iii) the number of recipients who are required to meet the work requirement and are in need of additional education, training or other barrier-removal services; (iv) the number of exemptions and extensions granted to recipients of cash assistance under transitional aid to families with dependent children; (v) the reasons for granting any exemptions and extensions; (vi) any reason why recipients are applying for additional benefits beyond their initial 24 month period; provided, that this shall include, but not be limited to, an analysis of recipients' economic independence goals, as required by section 15 of chapter 118; and (vii) information regarding caseloads, including how long recipients have been receiving cash assistance under transitional aid to families with dependent children and how much recipients have received. The report shall not contain a recipient's personal identifying information. The report shall be filed with the clerks of the house of representatives and the senate who shall forward the report to the house and senate chairs of the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means;
(p) on an annual basis, file a report detailing the number of cases referred to the department's program integrity division and the results of each investigation. The report shall be filed with the clerks of the house of representatives and the senate who shall forward the report to the house and senate chairs of the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means;
(q) annually, on or before December 1, file a report detailing the use of economic independence accounts, established pursuant to section 16 of chapter 118, opened by recipients of cash assistance under transitional aid to families with dependent children; provided, that the report shall include, but not be limited to, the number of accounts opened and the average balances in the accounts and a detailed list of reasons for expenditures from the accounts. The report shall be filed with the clerks of the house of representatives and the senate who shall forward the report to the house and senate chairs of the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means;
(r) annually, on or before March 1, file a report detailing the number of recipients receiving cash assistance under transitional aid to families with dependent children who are present in the United States under 1 of the eligible noncitizen statuses as described in 106 CMR 203.675 (A). The report shall be filed with the clerks of the house of representatives and the senate who shall forward the report to the house and senate chairs of the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means;
(s) annually, on or before March 1, file a report detailing the number of recipients exempt from having a photo identification on any such recipient's electronic benefit transfer card and the reason for any exemption.
(C) (a) If the standards of the department of aging and independence in regard to home care services are in accordance with the standards of the department, the department may enter into an inter-agency agreement with the department of aging and independence for the provision of home care services for the elderly. The department may contract with a public or private agency for the provision of home care services for adult handicapped provided the services are in accordance with the standards of the department.
No rule or regulation of the department establishing such standard shall take effect unless, prior to notice under chapter thirty A, it has been submitted for review and comment to the secretary of aging and independence.
When purchasing home care services from the department of aging and independence, under the provisions of this paragraph, the commissioner may authorize payment from the department to the department of aging and independence for the reasonable cost of any services rendered in accordance with the terms of an inter-agency agreement authorized under the provisions of this section.
(b) The department may also contract with any other person or agency for the provision of home care services, provided that any such contract for the provision of such services for the elderly shall be subject to the approval of the department of aging and independence, and provided further that any contract for the provision of home health services by a certified home health agency shall not be subject to such prior approval.
(c) No rules and regulations of the department establishing standards for regulating the terms and conditions of contracts providing home care services and fee schedules or charges relative to such services shall become effective until they have been approved by the house and senate committees on ways and means of the general court.
(D) The department shall take all reasonable actions to minimize abuse and errors. Such activities shall include:—
(a) the collection and analysis of data regarding utilization patterns;
(b) the recording and tracking of use of this program by individual recipients, including, but not limited to, the utilization of a year to year cross check of recipients to determine if a person or persons has received similar benefits in the previous year or years;
(c) the utilization by the department of mechanisms, such as payment of all or part of a regular assistance grant directly to vendors, to prevent the misuse of this program, provided, however, that such mechanisms are authorized under federal or state law;
(d) the utilization of wage reporting and bank matching systems, provided, however, that the provision of assistance shall not be delayed by such utilization;
(e) subject to federal approval of any necessary waivers, use of the warrant management system established pursuant to section twenty-three A of chapter two hundred and seventy-six; and, in accordance with section 11 of chapter 14 and the rules and regulations of the fraudulent claims commission, the department shall forward the name of any applicant or beneficiary of public assistance who, according to said warrant management system, has an outstanding default or arrest warrant issued against him; and the department shall comply with existing state and federal law applicable to time standards for review and determination of eligibility, and all notice and hearing requirements afforded to applicants and beneficiaries under its public assistance programs; and
(f) the department shall not issue a check or grant any benefits of any kind to or on behalf of an applicant for or recipient of public assistance benefits against whom an outstanding default or arrest warrant has issued by any court of the commonwealth. Evidence of the outstanding default or arrest warrant appearing in said warrant management system shall be sufficient grounds for such action by the department.
If a hearing is requested to challenge the termination of benefits due to an outstanding default or arrest warrant, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section.
(g) the recording and tracking of blank electronic benefit transfer cards to ensure the integrity of the cards and establish a clear chain of custody and best practices in the shipment and custody of those cards; and
(h) the suspension of benefits to any recipient who has failed to notify the department of a change of address and who the department has attempted to contact by certified mail, but whose mail communication has been returned to the department as undeliverable; provided, however, that the department, after receiving notice that the mail communication has been returned as undeliverable or returned with a Massachusetts forwarding address, shall use all reasonable means to determine the address of the recipient and, in the event that it cannot be determined, subject the recipient's case to further review as to continued eligibility.
M.G.L. c. 18, § 2A Food stamp employment and training plan; maximization of federal 50–50 match program
c. 18, § 2A. Food stamp employment and training plan; maximization of federal 50–50 match program
Section 2A. (a) The department of transitional assistance shall amend the food stamp employment and training plan to maximize the use of the 50–50 match provision, so-called, for the claiming of allowable federal matching funds from the United States Department of Agriculture pursuant to the federal Food Stamp Employment and Training Program for education, employment and training services for eligible food stamp participants, including related dependent care and transportation expenses, to the fullest extent permitted by federal law.
(b) The department, together with agencies and other entities that provide education, employment or training services in the commonwealth, including but not limited to the department of developmental services, the department of mental health, the department of education, the department of workforce development, MassAbility, local governments, community colleges, other educational institutions, workforce organizations and nonprofit providers of education, employment and training services, shall continue and expand efforts to enroll eligible education, employment and training program participants in the food stamp program and to enroll eligible food stamp participants in education, employment and training activities.
(c) In addition to any other sums appropriated by the general court for those services, the department shall expend $3,000,000 annually from revenue received from the United States Department of Agriculture as federal Food Stamp Employment and Training Program matching funds for employment and training services provided by, or under contract with, the department of developmental services, the department of mental health, and MassAbility for employment and training services provided to recipients and former recipients of transitional aid to families with dependent children.
(d) Funds not to exceed the equivalent of 5 per cent of federal Food Stamp Employment and Training Program matching funds received in any fiscal year, excluding the amounts made available for expenditure by the department of transitional assistance pursuant to subsection (c), shall be made available to the department of transitional assistance for otherwise non-reimbursed administrative costs associated with claiming federal matching funds pursuant to the federal Food Stamp Employment and Training Program for education, employment and training services for eligible food stamp participants.
(e) Upon application by an agency or other entity, including but not limited to the department of developmental services, the department of mental health, the department of education, the department of workforce development, MassAbility, local governments, community colleges, other educational institutions, workforce organizations and nonprofit providers of education, employment and training services, whose expenditures for education or training services for food stamp participants generated the federal matching funds, funds equivalent to the remaining federal Food Stamp Employment and Training Program matching funds received in any fiscal year shall be provided, on a pro-rata basis, to support additional education, employment and training services and related program costs and up to 5 per cent of these funds may be used for administrative costs incurred by said agency or organization claiming said federal matching funds. These funds shall not be used to supplant existing services.
M.G.L. c. 18, § 2B Educational program; services
c. 18, § 2B. Educational program; services
Section 2B. (a) Subject to appropriation, the department of transitional assistance shall create an educational program to be implemented in each department of transitional assistance office. The educational program shall: (i) provide financial education information as described in this section and assist in the development of economic independence goals under section 15 of chapter 118; (ii) inform the recipient of available transportation options; (iii) identify available education and training resources available to the recipient; (iv) educate the recipient about proper card usage, card and PIN security and penalties for abuse or fraud associated with trafficking or fraudulent representation of need of transitional aid; (v) educate the recipient about the advantages of having a bank account and basic financial management; (vi) identify local job opportunities, where available; and (vii) educate the recipient about other topics that the department considers appropriate.
(b) As part of the program, in consultation with the department of higher education, the community college system, the public university system, and the University of Massachusetts system, the department shall maintain in each local office an up-to-date list, which shall include: (i) a description of all educational certificate programs and higher education programs, which may be available to the recipient; (ii) financial aid officials at public institutions of higher education; and (iii) financial aid programs, including, but not limited to, scholarships, grants, loans and work study programs. The program shall also counsel children age 14 and older, whose parents receive transitional aid for families with dependent children, on how to access higher education without incurring debt.
(c) As part of the program, the department shall provide recipients with a list of already existing free or low-cost financial education programs. In developing the list of financial education programs, the department shall collaborate with the office of the state treasurer, the Massachusetts Credit Union League, the Massachusetts Bankers Association, the Midas Collaborative, the Moving from Debt to Assets program and the Massachusetts Financial Education Collaborative. Any financial education program included on the recommended program list shall, at a minimum, provide guidance on: (i) tracking daily spending habits; (ii) preparing a monthly budget; (iii) identifying ways to decrease spending; (iv) identifying ways to increase income; (v) listing and prioritizing financial goals; and (vi) recognizing how to create a plan to achieve financial goals.
M.G.L. c. 18, § 3 Commissioner; appointment; qualifications; salary
c. 18, § 3. Commissioner; appointment; qualifications; salary
Section 3. The department shall be under the direction, supervision and control of a commissioner of transitional assistance, in this chapter called the commissioner. The secretary of health and human services shall appoint, with the approval of the governor, the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor. At the time of appointment, the commissioner shall be a graduate of an accredited four-year college or university and shall have had not less than ten years of administrative experience; or not less than eight years of administrative experience of which at least three years shall have been in the organization, management or delivery of human services; or a doctorate or other degree beyond the level of the baccalaureate in the field of business, economics, education, government, law, medicine, psychology, public administration, public health, public policy, social work, urban planning, or a field substantially related to one or more of the foregoing, and not less than five years of administrative experience of which at least two years shall have been in the organization, management or delivery of human services. For the purposes of this section, ''administrative experience'' shall mean service in a management, or supervisory capacity. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and said commissioner shall devote full time during business hours to the duties of the office.
M.G.L. c. 18, § 4 Deputy commissioner; assistant commissioners; qualifications; salaries; succession; bond
c. 18, § 4. Deputy commissioner; assistant commissioners; qualifications; salaries; succession; bond
Section 4. The commissioner shall appoint a deputy commissioner and such assistant commissioners, not to exceed four in number, as the commissioner may determine to be necessary or desirable to carry out the work of the department. The deputy and assistant commissioners shall be assigned areas of responsibility to be specified by the commissioner. At the time of appointment the deputy commissioner and each such assistant commissioner shall possess qualifications of training and experience generally similar to those required of the commissioner or otherwise suitably preparing him for the work of his office. The position of deputy commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The positions of assistant commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty.
The deputy commissioner and the assistant commissioners shall devote their full time during business hours to the duties of their respective offices. If the office of the commissioner becomes vacant, the deputy commissioner shall discharge the duties and have the powers of the commissioner. During the absence or disability of the commissioner, the deputy commissioner shall discharge the duties and have the powers of the commissioner; and, if the office of the deputy commissioner is vacant or if the deputy commissioner is absent or disabled at the same time as the commissioner, an assistant commissioner designated by the commissioner shall discharge the duties and have the powers of the commissioner. The deputy commissioner and each assistant commissioner shall give a bond to the state treasurer for the faithful performance of his duties in such sum as the comptroller may prescribe.
M.G.L. c. 18, § 5 Organization of department; regional offices; community service areas
c. 18, § 5. Organization of department; regional offices; community service areas
Section 5. The commissioner shall establish such divisions, bureaus, sections or other offices within the department as he shall from time to time determine to be necessary or proper for the efficient and economical administration of the comprehensive transitional assistance program.
The commissioner shall establish regional offices at such locations in the commonwealth as he may deem necessary to supervise the system of community service areas and to ensure the development and maintenance of effective administration to provide services therein. Such regional offices shall assist the community service areas in enlisting the interest and participation of the people in the areas.
The commissioner shall establish community service areas which shall be the principal unit through which the department shall administer transitional assistance programs. The purpose of these areas shall be to provide the specific services set forth in section two, and make them readily available to the families, children, the aging, the disabled and the handicapped resident in the area covered. Each area shall provide opportunities for involvement of residents of the area in the work of the area and for representation of the community service area boards established under section seven.
The community service areas shall be of sufficient number to be readily accessible to the people throughout the commonwealth, taking into consideration such factors as geographic boundaries, roads and other means of transportation, including public transportation, population concentration, city, town, and county lines, other relevant community services, and community economic and social relations. The commissioner shall establish branch offices, office hours, or outreach arrangements for applicants and recipients who do not have reasonable access to the office responsible for their cases. The time and place of office hours or outreach arrangements, if any, shall be published and otherwise made available to the public to facilitate visits by the public. The number and location of such community service areas and branches shall be determined by the commissioner, subject to approval by the house and senate committees on ways and means.
Each community service area shall be under the administration, supervision and control of an area director, who shall be appointed by the commissioner and at the time of his appointment shall be qualified, either by having received a masters degree from an accredited graduate school of social work, public administration, business administration, or any other field related to human services or administration and having at least five years of full-time or equivalent part-time professional experience as an administrator or supervisor of social welfare programs or, if the candidate has no such masters degree, by having at least eight years of full-time or equivalent part-time experience in a human services delivery system, five years of which shall have been as an administrator or supervisor of social welfare programs and three years of which shall have been in the delivery of direct services in the department or in a social service agency determined by the commissioner to provide equivalent experience.
The commissioner shall prepare and keep current a general statement of the organization of the department, of the assignment of functions to its administration units, offices and employees, and of the established places at which and the methods whereby the public may receive information, make requests and receive services. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the state secretary, in the executive office for administration and finance, in the office of the personnel administrator, and in the office of the commissioner.
The commissioner shall establish specialist positions within the department. The specialists shall focus on providing targeted employment and training assistance to recipients that the department determines have a high risk of long term dependence on state benefits and require specialized assistance to achieve economic independence. These recipients shall include teen parents and may include other recipients defined by the department. Each office location shall have specialists. Specialists shall provide focused intervention and assistance to recipients. The commissioner shall: track the progress made by recipients who are receiving targeted assistance under this section in reaching economic independence and transitioning off transitional aid to families with dependent children; track each specialist's success, as determined by the department, in assisting recipients; and annually report the results to the house and senate committees on ways and means and the house and senate chairs of the joint committee on children, families and persons with disabilities not later than December 31.
M.G.L. c. 18, § 5B False representations or failure to disclose facts; penalty
c. 18, § 5B. False representations or failure to disclose facts; penalty
Section 5B. Any person or institution which knowingly makes a false representation or, contrary to a legal duty to do so, knowingly fails to disclose any material fact affecting eligibility or level of benefits to the department of public welfare or its agents, for the purpose of causing any person, including the person making such representations, to be supported in whole or in part by the commonwealth, or for the purpose of procuring a payment under any assistance program administered by the department, shall be punished by a fine of not less than two hundred nor more than five hundred dollars or by imprisonment for not more than one year.
Nothing in this section shall be construed as preventing the institution of criminal proceedings for the violation of any other law of the commonwealth.
M.G.L. c. 18, § 5C Vendors' bill for services; perjury
c. 18, § 5C. Vendors' bill for services; perjury
Section 5C. Any vendor under any assistance program administered by the department shall submit to the department, within six months of the last day of the month in which such service was rendered, a bill for the same; except that, in cases in which services have been rendered in accordance with the provisions of section twenty-four A of chapter one hundred and seventeen, said bill shall be submitted to the department within six months after the date on which the request for assistance has been approved. The department shall verify the accuracy of bills submitted under this section through the application of statistical sampling methods. For the purposes of this chapter a vendor shall be any person or institution providing services in connection with any assistance program administered by the department. All vouchers submitted by a vendor shall be signed under the penalties of perjury.
M.G.L. c. 18, § 5D Vendors; violations
c. 18, § 5D. Vendors; violations
Section 5D. Any vendor procuring a payment under any assistance program administered by the department who violates any of the provisions of section five B or of sections twenty-one A to twenty-one G, inclusive, of chapter one hundred and eighteen E shall be ineligible to participate further in the program for a period of three years next subsequent to the date of conviction for said violation; provided, however, that a vendor shall not be considered in violation of said section five B or of said sections twenty-one A to twenty-one G, inclusive, upon submission of proof, to the satisfaction of the commissioner, that such violation was due solely to a clerical or administrative error.
M.G.L. c. 18, § 5E Return of unlawful payments
c. 18, § 5E. Return of unlawful payments
Section 5E. Any recipient or vendor who receives payment under any assistance program administered by the department, to which he is not entitled, shall return such payment to the commonwealth by paying the same to the state treasurer as soon as demand is made upon him.
M.G.L. c. 18, § 5F Father's leaving family to obtain assistance; penalty
c. 18, § 5F. Father's leaving family to obtain assistance; penalty
Section 5F. A father who leaves his family for the purpose of qualifying them for assistance under any of the programs administered by the department shall be punished by a fine of not less than two hundred nor more than five hundred dollars or by imprisonment for not more than three months.
M.G.L. c. 18, § 5G Claimant; subrogation
c. 18, § 5G. Claimant; subrogation
Section 5G. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
''Claimant'', a person who suffers a loss from property damage, accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.
''Date of the loss'', the date on which the property damage, accident, illness, injury or other incident occurs.
''Third party'', an individual, agency, program, entity or insurer including, but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.
(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as the result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the department the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for public assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only any increase in financial assistance that occurred as a result of the property damage, accident, illness, injury or other incident.
(c) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department may also perfect its right to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.
(d) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.
(e) A claimant shall notify the department in writing within 10 calendar days after commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party.
(f) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance provided under chapter 118. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under said chapter 118, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such moneys, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.
(g) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the department to pursue its rights under this section shall be grounds for termination of benefits.
(h) Notwithstanding any general or special law, rule or regulation to the contrary, an insurer doing business in the commonwealth shall provide information requested by the department for use by the agency to recover public assistance benefits under this section.
M.G.L. c. 18, § 5H Recipients of medical assistance under chapter 118E; subrogation; notice; policy provisions; payment by department; information concerning recipients
c. 18, § 5H. Recipients of medical assistance under chapter 118E; subrogation; notice; policy provisions; payment by department; information concerning recipients
Section 5H. Notwithstanding any other provision of general or special law, rule or regulation, the department shall be subrogated to the right of any recipient of medical assistance provided pursuant to chapter one hundred and eighteen E to proceed against any health care insurer that is or may be liable to pay for covered services obtained by a recipient of medical assistance to the extent of any medical benefits provided by the department on behalf of the recipient or his dependents.
A recipient of medical assistance or any person legally obligated to support and having actual or legal custody of a recipient of medical assistance shall inform the department of any health insurance available to such recipient upon initial application and redetermination for eligibility for assistance and shall make known the nature and extent of any health insurance coverage to any person or institution that provides medical benefits to the recipient or his dependent.
No policy for health insurance for health care delivery administered, issued or renewed in the commonwealth shall contain any provision denying or reducing benefits to a person who is eligible for or who is receiving medical assistance under said chapter one hundred and eighteen E.
A provider of medical assistance under said chapter one hundred and eighteen E shall determine whether any recipient for whom it provides medical benefits that are or may be eligible for reimbursement pursuant to said chapter one hundred and eighteen E is a subscriber or beneficiary of a health insurance plan. The department is the payor of last resort, and accordingly a provider shall request payment for medical benefits it provides from a health insurer which is or may be liable for the medical benefits so provided, before payment is requested from the department.
Payment by the department under the medical assistance program shall constitute payment in full; subsequent to any such payment a provider may not recover from any health insurer an amount greater than the amount so paid by the department for any service for which the department is to be the payor of last resort.
Notwithstanding any provision of law, all health insurers doing business in the commonwealth shall provide information to the department to the extent sufficient to identify persons who are recipients of assistance under said chapter one hundred and eighteen E and who are also beneficiaries under any policy for health insurance in force and effect in the commonwealth.
M.G.L. c. 18, § 5I Certain purchases with direct cash assistance funds prohibited; definitions applicable to Secs. 5I and 5J; penalty; reporting of enforcement and violations
c. 18, § 5I. Certain purchases with direct cash assistance funds prohibited; definitions applicable to Secs. 5I and 5J; penalty; reporting of enforcement and violations
Section 5I. (a) As used in sections 5I and 5J the following terms shall, unless the context clearly requires otherwise, have the following meanings:—
''Access device'', a card, code or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food and Nutrition Act of 2008, 7 U.S.C. § 2011 et seq., or regulations issued pursuant to the federal Food and Nutrition Act of 2008.
''Direct cash assistance'', any manner of cash assistance provided by the department of transitional assistance including, but not limited to, temporary aid to families with dependent children, wherein the assistance is provided directly to the recipient, rather than a vendor.
''Electronic benefit transfer card'', a card that provides benefits through an electronic benefit transfer.
''Electronic benefit transfer transaction'', the use of a credit or debit card service, automated teller machine, point-of-sale terminal or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.
''Vacation services'', furnishing interstate or foreign travel services solely for the purpose of recreation including, but not limited to transportation, lodging and travel agent services; provided, however, that vacation services shall not include travel related to: a personal or family emergency, the death of a family member, employment, medical treatment, appearance before a court of law, court-authorized parental visitation and such other categories of travel which may be designated from time to time by the department as non-recreational travel.
[Subsection (b) applicable to policies, contracts and subscription certificates delivered, issued or renewed in the commonwealth on or after January 1, 2020. See 2019, 133, Sec. 26.]
(b) No person shall knowingly use or accept direct cash assistance funds held on electronic benefit transfer cards or access devices for the purchase or sale of the following services or products: alcoholic beverages as defined in section 1 of chapter 138; lottery tickets; tobacco products as defined in section 6 of chapter 270; visual material or performances intended to create or simulate sexual conduct or sexual excitement as those terms are defined in section 31 of chapter 272; firearms and ammunition as defined in section 121 of chapter 140; vacation services; tattoos or body piercings; jewelry; televisions, stereos, video games or consoles at rent-to-own stores; for gambling as defined in section 2 of chapter 23K; for the payment to the commonwealth or a political subdivision thereof of a fee, fine, bail or bail bond ordered by a court; or marijuana or marijuana products that are sold pursuant to chapter 94G.
(c) Any eligible recipient of direct cash assistance who knowingly makes a prohibited purchase in violation of this section shall reimburse the department for such purchase and, for the second offense, shall be disqualified from the direct cash assistance program for a period of 2 months and, for the third offense, shall be disqualified from the direct cash assistance program permanently; provided, however, that the department shall only disqualify an eligible recipient after notice and a hearing pursuant to section 30A.
(d) the department shall submit semi-annual reports detailing enforcement and violations of the section. The report shall include, but not necessarily be limited to, the number of alleged violations reported, the number of alleged violations investigated, the number of violations found, the amount received for reimbursements for purchases made in violation of this section, the number of 2 month disqualifications, the number of permanent disqualification notices, hearings, and permanent disqualifications, and further specify actions taken to improve the implementation of this section and limit the number of eligible recipients who knowingly make a prohibited purchase in violation of this section. The reports shall be filed with the clerks of the house of representatives and the senate, with the first report to be filed not later than March 15, 2013.
M.G.L. c. 18, § 5J Preventing electronic benefit transfer transactions for certain purchases made using direct cash assistance funds; penalty
c. 18, § 5J. Preventing electronic benefit transfer transactions for certain purchases made using direct cash assistance funds; penalty
Section 5J. (a) The department shall maintain policies and practices as necessary to prevent direct cash assistance from being used in electronic benefit transfer transactions at: liquor stores; casinos, gambling casinos or gaming establishments licensed pursuant to chapter 23K; retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment as defined in section 408(a) of the Social Security Act; adult bookstores or adult paraphernalia stores as defined in section 9A of chapter 40A; firearms dealers licensed pursuant to section 122 of chapter 140; tattoo parlors; manicure shops or aesthetic shops registered pursuant to chapter 112; jewelry stores; foreign transmittal agencies licensed pursuant to chapter 169; on a cruise ship; or at a marijuana establishment as defined in chapter 94G. Those establishments shall not accept electronic benefit transfer cards. A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section or subsection (b) of section 5I shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $2,500 for a second offense and by a fine of not less than $2,500 for a third or subsequent offense.
(b) A store owner who knowingly violates this section and who possesses a license to sell alcoholic beverages pursuant to section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138. A store owner possessing a license pursuant to said section 12 of said chapter 138 who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the appropriate licensing authority for possible further disciplinary action pursuant to said section 64 of said chapter 138.
(c) A store owner who knowingly violates this section and who possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery commission for possible disciplinary action. A store owner possessing a license pursuant to said section 26 or 27 of said chapter 10 who knowingly violates this section a second or subsequent time shall have such license suspended for not less than 30 days and shall be referred to the director of the state lottery commission for possible further disciplinary action.
M.G.L. c. 18, § 5K Obtaining or receiving department of transitional assistance property through embezzlement, theft or fraud; penalty
c. 18, § 5K. Obtaining or receiving department of transitional assistance property through embezzlement, theft or fraud; penalty
Section 5K. Notwithstanding any general or special law to the contrary, whoever embezzles, steals or obtains by fraud any funds, assets or property provided by the department of transitional assistance and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprisonment in a jail or house of correction for not more than 21/2 years, or imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both such fine and imprisonment.
M.G.L. c. 18, § 5L Food stamp benefits trafficking; penalty
c. 18, § 5L. Food stamp benefits trafficking; penalty
Section 5L. (a) As used this section and section 5M, "food stamp benefits'' shall mean benefits issued pursuant to the federal Food and Nutrition Act of 2008, 7 U.S.C. §&sec 2011 to 2029, inclusive, as amended, including such benefits contained on an electronic benefit transfer card.
(b) An individual commits the offense of food stamp benefits trafficking if the individual knowingly:
(1) presents for payment or redemption or transfers food stamp benefits in any form, including transfers to another, who does not, or does not intend to, use the food stamp benefits for the benefit of the household for whom the benefits were intended, as defined in the regulations of the department; or
[ Clause (2) of subsection (b) effective until August 5, 2025. For text effective August 5, 2025, see below.]
(2) possesses, buys, sells, uses, alters, accepts or transfers food stamp benefits in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. § 2011, as amended.
[ Clause (2) of subsection (b) as amended by 2025, 14, Sec. 8 effective August 5, 2025. For text effective until August 5, 2025, see above.]
(2) possesses, buys, sells, uses, alters, accepts or transfers food stamp benefits in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. § 2011, as amended; or
[ Clause (3) of subsection (b) inserted by 2025, 14, Sec. 8 effective August 5, 2025.]
(3) steals food stamp benefits using an unauthorized electronic or other intercept device.
(c) An individual who traffics food stamp benefits, as described in subsection (b), shall:
(1) if the food stamp benefits are of a value of less than $250 or if the item used, transferred, acquired, altered or possessed has a value of less than $250, be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000, or both such fine and imprisonment; or
(2) if the food stamp benefits are of a value of $250 or more or the item used, transferred, acquired, altered or possessed has a value of $250 or more, be punished by imprisonment in a jail or house of correction for not more than 2 years or by imprisonment in a state prison for not more than 5 years or by a fine of not more than $5,000, or both fine and imprisonment.
(d) If a person is alleged to have committed the offense of trafficking in food stamp benefits 2 or more times within a 6-month period, those offenses may be aggregated and charged in a single count and the offenses so aggregated and charged shall constitute a single offense; provided, however, that, if the aggregate value of the food stamp benefits alleged to be trafficked is $250 or more, the person shall be subject to the penalties prescribed in clause (2) of subsection (c).
(e) Crimes under this section may be prosecuted and punished in any county where a defendant used, transferred, acquired or possessed food stamp benefits or in the county in which the state agency responsible for administering food stamp benefits is headquartered.
(f) An individual who traffics food stamp benefits, as described in subsection (b) and on 1 prior occasion has been convicted of trafficking food stamp benefits pursuant to said subsection (b) or conspiracy to traffic food stamp benefits shall be punished by imprisonment in a state prison for not more than 10 years or by a fine of not more than $25,000 or both.
M.G.L. c. 18, § 5M Organizational food stamp benefits trafficking; penalty
c. 18, § 5M. Organizational food stamp benefits trafficking; penalty
Section 5M. (a) As used in this section, ''organization'' shall mean a corporation for profit or not-for-profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity; provided, however, that ''organization'' shall not include an entity organized as or by a governmental agency for the execution of a governmental program.
(b) An organization commits the offense of organizational food stamp benefits trafficking if the organization knowingly; (i) uses, sells, transfers, acquires, alters or possesses food stamp benefits or electronic benefit transfer cards in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. § 2011, as amended, or the regulations of the department; or (2) presents for payment or redemption food stamp benefits that have been received, transferred, altered or used in violation of this section shall be guilty of organizational food stamp benefits trafficking.
(c) If an organization is alleged to have committed the offense of organizational food stamp benefits trafficking 2 or more times within a 6–month period, any of those offenses may be aggregated and charged in a single count and the offenses so aggregated and charged shall constitute a single offense.
(d) An organization that commits food stamp benefits trafficking as described in subsection (c) shall:
(1) if it is the organization's first offense under this section, be punished by a fine of not less than $5,000;
(2) if it is the organization's second offense under this section, be punished by a fine of not less than $10,000; or
(3) if it is the organization's third or subsequent offense under this section, be punished by a fine of not less than $50,000.
(e) A retail or wholesale organization owner who is convicted of organizational food stamp benefits trafficking and who also possesses a license to sell alcoholic beverages under section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138.
(f) A retail or wholesale organization owner who is convicted of organizational food stamp benefits trafficking and who also possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall have such license suspended for not less than 2 years and shall be referred to the director of the state lottery commission for possible further disciplinary action.
(g) Crimes under this section may be prosecuted and punished in any county where defendant used, transferred, acquired or possessed food stamp benefits, or the county in which the state agency responsible for administering food stamp benefits is headquartered.
M.G.L. c. 18, § 5N Fraud hotline; sign display
c. 18, § 5N. Fraud hotline; sign display
Section 5N. The department shall develop and make available on its website for download a sign specifying the department's fraud hotline. Business associations may also maintain a downloadable form of the sign on the business associations' websites. Such sign shall be posted in a conspicuous area in any business accepting electronic benefits transfer cards as a form of payment. Any business accepting electronic benefit transfer cards as a form of payment shall maintain a list of categories of prohibited products under section 5I at each cash register.
M.G.L. c. 18, § 7 Community service area boards
c. 18, § 7. Community service area boards
Section 7. There shall be established for each community service area a community service area board, the members of which shall be appointed for three-year terms by the commissioner, two of whom shall be recipients of assistance under chapter one hundred and eighteen, two of whom shall be recipients of assistance on account of age under chapter one hundred and eighteen A, two of whom shall be recipients of assistance on account of disability under said chapter one hundred and eighteen A, and one of whom shall be a recipient of assistance under chapter one hundred and eighteen E. Each board shall consist of not less than fifteen nor more than thirty members. When first appointed one third of the members shall be appointed for three years, one third for two years, and one third for one year. Thereafter new appointments shall be made by the commissioner from a list of nominees prepared by the community service area board of persons with qualifications that will maintain the distribution of interest broadly representative of the various segments of the population in the area served. Such list shall contain the names of at least twice as many recipients for each categorical assistance program as those required to be appointed. Any vacancy shall be filled for the remainder of the unexpired term. No member shall serve more than two consecutive three year terms.
The community service area boards shall meet at least ten times a year upon call of the chairman, the area director or on the written request of not less than five members of the board.
The duties and responsibilities of the community service area board shall be:
(1) to act in the interest of the citizens of the area served;
(2) to advise the area director, the commissioner and the state advisory board on the needs and resources of the area served, on steps that should be taken to increase the effectiveness of the transitional assistance program in the area, the quality of care and service given to the people of the area, and the working relationships between the public and voluntary agencies working in the area;
(3) to advise the commissioner of transitional assistance in the selection of the area director;
(4) to review and make recommendations to the area director regarding the annual plan and budget for the transitional assistance program provided by the community service area with a view to its comprehensiveness and steps that may be taken to ensure the provisions, as practicable, of the comprehensive program set forth in section two; to advise on priorities in the development of program for the area;
(5) to make an annual report to the state advisory board, to the commissioner and the area director; and
(6) to receive and administer in separate trusts any funds granted, given or bequeathed to its use in the interest of the area program or for a special purpose as indicated in the gift, grant, or order or decree of a court.
The members of the community service area boards shall receive no compensation for their services but shall be reimbursed for expenses necessarily incurred in rendering such services.
M.G.L. c. 18, § 8 Civil service status of commissioners; restoration
c. 18, § 8. Civil service status of commissioners; restoration
Section 8. The provisions of section nine A of chapter thirty and the provisions of chapter thirty-one shall not apply to the office of commissioner, deputy commissioner or assistant commissioner. If an employee of the commonwealth or of a political subdivision, as defined in section one of chapter thirty-two, shall be appointed to the office of commissioner, deputy commissioner or assistant commissioner, he shall upon termination of his service in such office be restored to the position which he held immediately prior to such appointment. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement or other rights to which uninterrupted service in such position would have entitled him. During the period of such appointment each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination to which he would have otherwise been eligible.
M.G.L. c. 18, § 9 Employees of department; delegation of responsibilities
c. 18, § 9. Employees of department; delegation of responsibilities
Section 9. The commissioner shall appoint and may remove all employees in the department. All such appointments and removals shall be made in accordance with chapter thirty-one except as provided in section seven of chapter thirty and except for superintendents and assistant superintendents in charitable, medical or other institutions, physicians with full medical responsibility as opposed to administrative responsibility, nurses and nursing attendants in such institutions; provided, however, that whenever, as a condition of receiving federal grants for programs and activities to which the federal standards for a merit system of personnel administration relate, federal requirements make necessary the application of the civil service law and rules to any such position, said position shall be subject to chapter thirty-one. Appointments, promotions or transfers, except transfers to positions with substantially identical authority, duties and responsibility, shall be made only after determination by the personnel administrator that the proposed appointee meets the minimum qualifications required.
The commissioner may delegate all or a portion of his responsibilities as appointing authority under section forty-one of chapter thirty-one to one or more subordinates in the department. The decision of an employee to whom responsibility has been so delegated shall be the decision of the appointing authority.
M.G.L. c. 18, § 10 Reports; rules and regulations; federal aid
c. 18, § 10. Reports; rules and regulations; federal aid
Section 10. The commissioner shall annually prepare and submit to the governor and the general court, on or before the first day of November, a report which shall contain the description of organization of the department and a concise review of the work of the department and of the institutions under the supervision of the department for the preceding fiscal year and such suggestions and recommendations as to the department and the said institutions and as to the general interests of all persons under its supervision as he considers expedient, together with information embodying the experience of this and other jurisdictions relative to the best and most successful methods of caring for or providing services to such persons as come under its responsibility. The commissioner shall make and from time to time revise and publish such rules and regulations for the conduct of the business of the department and the execution of the programs administered by the department as may be necessary or appropriate. No such rule or regulation shall take effect unless, prior to notice under chapter thirty A, it has been submitted for review to the secretary of administration and, in the case of any rule or regulation relative to Title I, XIV or XVI, of the federal Social Security Act, for review and comment to the secretary of aging and independence. The extent of such review shall be no greater than that allowed by the federal Social Security Act. The department shall take such action as may be necessary or desirable for carrying out its programs and purposes in conformity with all requirements governing the granting of federal aid to the commonwealth. Prior to undertaking any activity or implementing any policy which would affect expenditures for medical assistance under chapter one hundred and eighteen E, including but not limited to identifying individuals eligible for such assistance under said chapter, the commissioner shall assure that such activity or policy is reviewed by the commissioner of medical assistance.
Notwithstanding any general or special law to the contrary, 60 days before promulgating or amending any regulation that would alter eligibility for, or the level of benefits provided through the department, other than regulations which would benefit recipients, the department shall file with the clerks of the house of representatives and senate, the house and senate committees on ways and means and the house and senate chairs of the joint committee on children, families and persons with disabilities a report describing the changes and setting forth justification for any changes.
M.G.L. c. 18, § 11 Lists of recipients; publication; records; rules and regulations
c. 18, § 11. Lists of recipients; publication; records; rules and regulations
Section 11. No department, bureau or agency of the commonwealth or of any political subdivision thereof, which under any provision of law is furnished with the names of recipients of public assistance, shall permit the publication of lists of such names or make use thereof for purposes not directly connected with the administration of such assistance; provided, however, that nothing in this section shall be construed to prohibit disclosure to or access by the bureau of special investigations to the department's records or files for the purposes of fraud detection and control. The commissioner shall make and from time to time revise rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department.
M.G.L. c. 18, § 14 Reciprocal agreements
c. 18, § 14. Reciprocal agreements
Section 14. The department is hereby authorized to enter into reciprocal agreements with other states regarding the interstate transportation of poor and indigent persons, and to arrange for the acceptance and support of persons receiving public aid in other states, in accordance with the terms of such reciprocal agreements. The department is hereby further authorized to enter into reciprocal agreements with other states to provide for the support and care of persons receiving aid under chapter one hundred and eighteen or corresponding provisions of law in such other states, during the period of change of residence between states, as provided by section four A of said chapter one hundred and eighteen.
M.G.L. c. 18, § 15 Disclosure of information by banks and insurance companies as to applicant's or recipient's deposits; penalty
c. 18, § 15. Disclosure of information by banks and insurance companies as to applicant's or recipient's deposits; penalty
Section 15. A treasurer of a savings bank, national bank, trust company, co-operative bank, benefit association, insurance company or safe deposit company authorized to do business in the commonwealth who, upon written request, signed by an officer of the department, unreasonably refuses to inform him of the amount deposited in the corporation or association to the credit of a person named in such request as a charge upon the commonwealth, or as an applicant to the commonwealth for public assistance under chapters one hundred and seventeen, one hundred and eighteen, or who wilfully renders false information in reply to such request, shall forfeit five hundred dollars to the use of the commonwealth. Upon such request, a treasurer, as aforesaid shall furnish the records on deposits and withdrawals during the past five years, concerning any applicant for or recipient of public assistance under chapters one hundred and seventeen, one hundred and eighteen, to any officer of the department.
M.G.L. c. 18, § 16 Division of hearings within office of deputy commissioner; director; denial of aid; hearing; referee; decision; review
c. 18, § 16. Division of hearings within office of deputy commissioner; director; denial of aid; hearing; referee; decision; review
Section 16. There shall be within the office of the deputy commissioner a division of hearings for the purpose of holding the hearings referred to herein and rendering decisions. Said division shall be under the supervision of a director appointed by the commissioner and shall be independent of all other divisions and personnel of the department.
Any person aggrieved by the failure of the department to render adequate aid or assistance under any program of aid or assistance administered by the department or to approve or reject an application for aid or assistance thereunder within forty-five days after receiving such application, or aggrieved by the withdrawal of such aid or assistance, or by coercive or otherwise improper conduct on the part of his social worker, shall have a right to a hearing, after due notice, upon appeal to the commissioner.
A person whose benefits have been expunged under clause (m) or (n) of section 2 shall, upon request of the person, be afforded a full and fair hearing to determine whether there exists a legitimate reason for the person to maintain a balance in excess of $2,500 or for not accessing the person's benefits for more than 270 days. Upon a finding by the commissioner that a legitimate reason exists, the commissioner shall reinstate the expunged benefits.
A hearing held pursuant to this section shall be conducted by a referee designated by the director at a location convenient to the person appealing and shall be conducted as an adjudicatory proceeding under chapter thirty A. The director of the division of hearings shall be responsible for the fair and efficient operation of the division in conformity with state and federal laws and regulations and for the training of referees, scheduling of hearings and the compilation of decisions. Neither he nor any other employee of the department shall review, interfere with, change or attempt to influence any hearing decision by a referee. A referee may subpoena witnesses, administer oaths, take testimony and secure the production of such books, papers, records and documents as may be relevant to such hearing. The person appealing shall have the opportunity to confront and cross-examine all adverse witnesses and to question or refute any testimony, evidence, materials, or legal arguments. The referee shall base his decision solely on the testimony, evidence, materials and legal rules adduced at the hearing. The referee may reopen a hearing for the purpose of considering further testimony, evidence, materials or legal rules before rendering his decision and shall, if he reopens the hearing, send seven days' written notice to all parties of the reopening and his reasons therefor, including the date, time and place of the resumed hearing, which shall be held at a location convenient to the person appealing. The decision of the referee shall be the decision of the department.
A referee shall render and issue his decision within ninety days after the date of the filing of the aggrieved person's appeal, except that when an aggrieved person appeals the rejection of his application for aid or assistance, or the failure to act on said application, or the failure of the department to render assistance to meet an emergency or hardship situation, the referee shall render and issue his decision within forty-five days after the date of filing of said appeal. The decision of the department shall be subject to review in accordance with the provisions of chapter thirty A.
When a timely request for a hearing is made because of a termination or reduction of assistance, involving an issue of fact, or of judgment relating to an individual case, between the agency and the appellant, assistance shall be continued during the period of the appeal. If the decision is adverse to the appellant, assistance shall be terminated immediately. If assistance has been terminated prior to a timely request for a hearing, assistance shall be reinstated.
M.G.L. c. 18, § 17 Advancement of funds to department for public assistance; monthly report of disbursements
c. 18, § 17. Advancement of funds to department for public assistance; monthly report of disbursements
Section 17. Notwithstanding the provisions of section twenty-two of chapter twenty-nine or any other provisions of law, funds made available by appropriation, or otherwise, for enabling the department to carry out the provisions of law for furnishing public assistance to individuals may be advanced to the department in such sums and subject to such rules and regulations as the comptroller may determine.
The department shall make a monthly report to the comptroller of the amount of funds disbursed by the department subsequent to the previous monthly report and shall certify to the comptroller that such disbursements are substantiated by detailed records and vouchers retained in the custody of the department of transitional assistance.
M.G.L. c. 18, § 18 Reimbursement of department; recipient arrearages; furniture payments
c. 18, § 18. Reimbursement of department; recipient arrearages; furniture payments
Section 18. In any case where the department is obligated to pay any sums in excess of the approved budget because of an arrearage incurred by the recipient, under any of the programs administered by the department, the department shall be reimbursed in a manner not inconsistent with the federal social security act by deducting the amount of said arrearage from future budget payments to the recipient over a predetermined period of time. Such deduction shall not exceed five per cent of the recipient's total budget allowance.
In any case in which aid is provided for the purpose of purchasing furniture under chapter one hundred and seventeen or one hundred and eighteen to a family with an unemployed father or a father whose whereabouts is unknown, said father shall be liable for reimbursement to the department for the amount of such payment if he is subsequently found to be gainfully employed.
M.G.L. c. 18, § 18A Failure of custodial parent to cooperate with IV–D agency
c. 18, § 18A. Failure of custodial parent to cooperate with IV–D agency
Section 18A. The department shall impose the sanction required by federal law for any applicant or recipient of public assistance who fails, without good cause as defined by federal law, to cooperate and to continue to cooperate with the IV–D agency set forth in chapter one hundred and nineteen A to establish paternity or to establish, modify or enforce a child support order. An applicant or recipient may contest such sanction at a hearing before the department, but shall have the burden to prove cooperation with the IV–D agency by a preponderance of the evidence.
The IV–D agency shall determine whether an applicant or recipient has cooperated, and is continuing to cooperate, with the IV–D agency. An applicant or recipient shall be deemed not to have cooperated if the applicant or recipient fails, without such good cause, to furnish a sworn statement setting forth sufficient verifiable information about the noncustodial parent or, if more than one person may be the noncustodial parent, about each such person. Such information shall include the name and the social security number of the noncustodial parent, or the name of the noncustodial parent and at least two of the following items for the noncustodial parent: date of birth; address; telephone number; name and address of employer; names of parents; and the manufacturer, model and license number of any motor vehicle owned by the noncustodial parent. An applicant or recipient who knowingly provides false information to the IV–D agency shall be subject to prosecution for perjury.
M.G.L. c. 18, § 19 Eviction from furnished apartment; furniture; relocation
c. 18, § 19. Eviction from furnished apartment; furniture; relocation
Section 19. In the case of an emergency or where a recipient is evicted from a furnished or partially furnished apartment and does not have sufficient basic furniture to set up housekeeping such furniture may be authorized by the department after investigation by the social worker and determination by the district supervisor that a need exists. The department shall make every effort to relocate the recipient in housing similar to that from which the recipient was removed. Where economically desirable, the department may enter into contract for the quantity purchase of such furniture.
M.G.L. c. 18, § 20 Purchase of home or income producing property
c. 18, § 20. Purchase of home or income producing property
Section 20. The department may, after approval by the commissioner, authorize the purchase of a home by a recipient where suitable public or private rental accommodations cannot be found.
The department shall have a lien on the property so purchased to the extent of assistance granted toward the purchase of such home. In no event shall such authorization be given for the purchase of income producing property.
M.G.L. c. 18, § 21 Support and maintenance; subrogation of department; termination of assistance; notice
c. 18, § 21. Support and maintenance; subrogation of department; termination of assistance; notice
Section 21. The department shall be subrogated to the rights to support and maintenance of any welfare recipient to the extent of any payments made by the department to such recipient. The department shall obtain from said recipients such information, in the recipient's knowledge and possession, as may be reasonable necessary to enforce the department's right.
When the department proposes to terminate public assistance due to the collection of monthly support in excess of monthly benefits paid, it shall forthwith notify the IV–D agency as set forth in chapter one hundred and nineteen A. When the department terminates public assistance for any reason other than the collection of monthly support in excess of benefits paid, it shall forthwith notify said IV–D agency of such action.
Whenever the department notifies a recipient that it proposes to terminate a recipient from assistance, it shall include in such notice a statement of such recipient's right to continued child support services from the IV–D agency.
M.G.L. c. 18, § 22 Verification of categorical and financial eligibility
c. 18, § 22. Verification of categorical and financial eligibility
Section 22. For the purpose of considering the need for service or assistance of an applicant or recipient of programs provided in accordance with chapters one hundred and seventeen, one hundred and eighteen, and one hundred and eighteen E, the department shall require the verification of all elements of categorical and financial eligibility. Such verification requirements, including home visits by workers assigned to recipients, shall be reasonable and in accordance with federal law and regulations, where applicable. Self-declarations by applicants or recipients of transitional aid to families with dependent children shall be signed under the penalties of perjury and, if possible, shall not be accepted as the sole verification of categorical and financial eligibility during eligibility evaluations and reviews.
The department shall determine what verification requirements can be reasonably met by third party affidavits and shall provide notification to recipients and applicants of the circumstances that third party affidavits may be used; provided, however, that all work participation forms shall be verified by a third party who shall sign the work participation form under the penalties of perjury. For the purposes of verification, the department may accept a payroll stub that contains an employer's federal employment identification number. The department shall establish reasonable procedures for the verification of continuing eligibility, including monthly reporting and retrospective budgeting where appropriate. Except for eligibility requirements which the department has determined to be subject to frequent variation, the department shall not terminate benefits to recipients for failure to provide reverification without a reasonable belief that the condition has changed for which reverification is requested. The department shall promulgate uniform rules and regulations designating which eligibility requirements are subject to frequent variation.
M.G.L. c. 18, § 26 Direct payment of rent; public housing; appeal
c. 18, § 26. Direct payment of rent; public housing; appeal
Section 26. The department may, upon the written request of any person, trust, corporation, or housing authority, that operates or manages any federal, state or municipally subsidized housing or housing project, pay directly to said manager or operator the rent of recipients of public assistance by deducting an amount equal to the rent from the amount otherwise payable to said recipients; provided, however, that the department receives written notification from the code enforcement agency of the city or town that the housing conforms to the minimum requirements established by said agency. The recipient shall have a right of appeal, as provided in section sixteen, to any decision made by the department regarding direct rent payment under this section.
M.G.L. c. 18, § 27 Direct payment of rent; request of landlord or recipient
c. 18, § 27. Direct payment of rent; request of landlord or recipient
Section 27. The department may, upon the written request of the landlord in the case of a recipient who is in arrears in his rent payment for two consecutive months, pay directly to said landlord, after inspection by the department and written notification by the code enforcement agency of the city or town that the housing conforms to the minimum requirements established by said agency. An amount equal to the rent shall be deducted from the amount otherwise payable to said recipient.
The department may, upon the written request of any recipient, pay directly to any landlord the rent of recipients of public assistance by deducting the amount of the rent from the amount otherwise payable to the recipient provided, however, that the department receives written notification from the code enforcement agency of the city or town that the housing conforms to the minimum requirements established by said agency. The recipient shall have a right of appeal, as provided in section sixteen, to any decision made by the department regarding direct rent payment under this section. In any event, the department shall cause a complaint to be filed in accordance with the provisions of section one hundred and twenty-seven C of chapter one hundred and eleven, in cases where a recipient's housing accommodations are unsafe, unsanitary or not in conformity with local housing codes.
M.G.L. c. 18, § 27A Direct deposit of assistance checks at banking institutions; option of recipient
c. 18, § 27A. Direct deposit of assistance checks at banking institutions; option of recipient
Section 27A. A recipient of financial aid from the department shall be given the option of instructing said department to forward all checks of such person to a checking account, established in his name, at any banking institution within the commonwealth which he shall designate.
M.G.L. c. 18, § 28 Accreditation of homemaker services; board, establishment, members, staff and services; standards; rules and regulations; restrictions; enforcement
c. 18, § 28. Accreditation of homemaker services; board, establishment, members, staff and services; standards; rules and regulations; restrictions; enforcement
Section 28. For the purposes of this section the following words shall, unless the context otherwise requires, have the following meanings:
(1) ''Homemaker services'', care of individuals in their own homes, or helping individuals and families to achieve adequate household and family management, where the service is rendered by a person who receives a third party payment for said service or is employed for the purpose of rendering such services by other than the family or household receiving said service.
(2) ''Person'', any department, office, commission, committee, council, board, division, bureau, institution, or authority of the commonwealth or its political subdivisions, and any individual, partnership, corporation, or other legal entity.
There shall be in the department a board of accreditation of homemaker services, hereinafter called the board, consisting of the secretary of aging and independence or a designee, the secretary of health and human services or his designee, the commissioner of children and families, who shall be chairman, the secretary of the commissioner of transitional assistance or his designee, the commissioner of public health or his designee, the commissioner of the department of early education and care or his designee, the president of the Massachusetts Council for Homemaker-Home Health Aide Services and seven members appointed by the commissioner, one of whom shall be a director of a homemaker service organization, one a homemaker, and five consumers of homemaker services. The director of a homemaker service organization, the homemaker and three of the five consumers shall be selected from a list of twenty-six persons, which shall be submitted to the commissioner by the Massachusetts Council for Homemaker-Home Health Aide Services, of whom three shall be directors of homemaker service organizations, three shall be homemakers and twenty shall be consumers of homemaker services. The remaining two consumers shall be selected from lists of senior citizens submitted to the commissioner by statewide organizations representing the interests of the elderly.
Each member of the board appointed by the commissioner shall serve for a term of two years, and any vacancy on the board due to causes other than expiration of a term shall be filled for the remainder of the unexpired term.
The commissioner may provide such staff and services, including, but not limited to clerical and secretarial services, as the board may reasonably require.
Members of the board established by this section shall serve without compensation for their services, but the appointive members may be reimbursed by the department for their expenses necessarily incurred in the performance of their duties.
Utilizing, but not being limited to, the standards set by the National Council for Homemaker-Home Health Aide Services for accreditation of agencies providing homemaker services, and in accordance with its rules and regulations, the board may accredit any person providing homemaker services. Accreditation shall be for a term of two years, and shall be renewable, in accordance with the board's rules and regulations; provided however, that the board may not deny accreditation, refuse to renew accreditation, or revoke accreditation until after a hearing before a hearing officer.
In no case shall revocation of such accreditation take effect in less than thirty days after written notification by the board to the person.
Any action of the board denying accreditation, refusing to renew accreditation, or revoking accreditation shall be subject to chapter thirty A of the General Laws.
The board may, when public necessity and convenience requires or to prevent undue hardship to an applicant, under such rules and regulations as it may adopt, grant a temporary, provisional, or probationary accreditation provided, however, that no such accreditation shall be for a term exceeding one year.
Accreditation shall not be transferable or assignable and shall be issued only to the named person.
Upon petition of the board, the superior court shall have jurisdiction to enjoin any violation of the provisions of this section or to take such other action as equity and justice may require.
No person shall provide homemaker services in the commonwealth without accreditation in accordance with the provisions of this section.
M.G.L. c. 18, § 29 Repayment of fraudulently obtained assistance; lien
c. 18, § 29. Repayment of fraudulently obtained assistance; lien
Section 29. (a)(1) Whenever, by virtue of an investigation by the bureau of special investigations pursuant to section 17 of chapter 11, a person, hereinafter called an obligor, agrees to repay the commonwealth an amount of fraudulently or wrongfully received payments or services, or a court of competent jurisdiction orders that such an amount be repaid, such amount, including any accrued interest, shall be a lien in favor of the commonwealth upon all property and rights to property, whether real or personal, belonging to such obligor. The lien shall arise at the time the agreement to repay is executed by the obligor or on the date of the order or judgment of a court of competent jurisdiction and shall continue until the liability for the amount owed to the commonwealth, including any accrued interest, is satisfied or shall terminate not later than six years from the date it was created, whichever first occurs; provided that, the lien may be renewed by the commonwealth if the amount owed to the commonwealth and accrued interest is not satisfied after said six years.
(2) The lien imposed by this section shall not be valid as against any mortgagee, pledgee, purchaser, or judgment creditor until notice thereof has been filed by the bureau of special investigations (A) with respect to real property or fixtures, in the registry of deeds of the county wherein such property is situated, or (B) with respect to personal property, in the office of the state secretary. The filing of a notice of any such lien or of a waiver or release of any such lien shall be received and registered or recorded without payment of any fee.
(3) Even though notice of a lien as provided in this section has been filed in the manner prescribed in subparagraph (2) of paragraph (a), such lien shall not be valid with respect to a security, as hereinafter defined, as against any mortgagee, pledgee or purchaser of such security, for an adequate and full consideration in money or money's worth if, at the time of such mortgage, pledge or purchase, such mortgagee, pledgee, or purchaser is without notice or knowledge of the existence of such lien. As used in this subsection, the term ''security'' shall mean any bond, debenture, note or certificate or other evidence of indebtedness issued by a corporation, including one issued by a governmental or political subdivision thereof, with interest coupons or in registered form, share of stock, voting trust certificate or any certificate of interest or participation in, certificate of deposit or receipt for, temporary or interim certificate for, warrant or right to subscribe to or purchase, or any of the foregoing, or any negotiable instrument or money.
(4) Where notice of a lien has been filed pursuant to subparagraph (2) of paragraph (a), the bureau of special investigations may provide, by regulation, the extent to which, and the conditions under which, information as to the amount of the outstanding obligation secured by such lien may be disclosed.
(5) The bureau of special investigations may issue a waiver or release of any lien imposed by this section. Such waiver or release shall be conclusive evidence that such lien upon the property covered by the waiver or release is extinguished.
(b)(1) The bureau of special investigations may collect such amounts of fraudulently or wrongfully received payment or services referred to in subparagraph (1) of paragraph (a) including any interest accrued thereon, and such further sums as shall be sufficient to cover the expenses of the levy, by levy upon all property or rights to property, whether real or personal, belonging to the obligor pursuant to chapters two hundred and thirty-five and two hundred and thirty-six. A levy shall extend only to property possessed and obligations existing at the time of such levy. Property specified in subsection (a) of section fifty-five A of chapter sixty-two C shall be exempt from levy hereunder. In any case in which the bureau of special investigations may levy upon property or rights to property, said bureau may seize and sell such property or rights to property, whether real or personal, tangible or intangible.
(2) Except as otherwise provided in this subsection, any person in possession of, or obligated with respect to, property or rights to property subject to levy upon which a levy has been made shall, upon the demand of the bureau of special investigations, surrender such property or rights, or discharge such obligation to the bureau of special investigations, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process. A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the bureau of special investigations for payment of the amount described in subparagraph (1) of paragraph (a) and the exercise of the right of the obligor to the advance of such amount. Such organization shall pay such amount within ninety days after service of such notice of levy. Such notice shall include a certification by the bureau of special investigations that a copy of such notice has been mailed to the obligor at his last known address. Such levy shall be deemed to be satisfied if such organization pays over to the bureau of special investigations the amount the obligor could have had advanced to him by such organization on the date prescribed herein for the satisfaction of such levy, increased by the amount of any advance, including contractual interest thereon, made to such person on or after the date such organization had notice or actual knowledge.
(3) Whenever any property or right to property upon which levy has been made is not sufficient to satisfy the claim of the commonwealth for which levy is made, the bureau of special investigations may, thereafter, and as often as may be necessary, proceed to levy pursuant to chapters two hundred and thirty-five and two hundred and thirty-six in like manner upon any other property liable to levy of the obligor against whom such claim exists until the amount due from the obligor, together with all expenses, is fully paid.
(4) Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the bureau of special investigations, shall be liable in his own person and estate to the commonwealth in a sum equal to the value of the property or rights not so surrendered but not exceeding the amount due under subparagraph (1) of paragraph (a) for which such levy has been made, together with the costs and interests on such sum at the rate of eight percent per annum from the date of such levy. Any amount, other than costs, recovered under this paragraph shall be credited against the liability for the amount due under said subparagraph (1) of said paragraph (a) for the collection of which such levy was made. In addition, if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property, without reasonable cause, such person shall be liable for a civil penalty equal to twenty-five percent of the amount recoverable. No part of such civil penalty shall be credited against the liability for the amount due under said subparagraph (1) of said paragraph (a) for the collection of which such levy was made.
(5) Any person in possession of, or obligated with respect to, property or rights to property subject to levy upon which a levy has been made who, upon demand by the bureau of special investigations, surrenders such property or rights to property or discharges such obligation to the bureau of special investigations or who pays a liability under subparagraph (2), shall be discharged from any obligation or liability to the obligor with respect to such property or rights to property arising from such surrender or payment.
(c) In any case where there has been a refusal or neglect to pay any amount due under this section, or to discharge any liability in respect thereof, whether or not levy has been made, the attorney general on behalf of the bureau of special investigations, in addition to other modes of relief, may file a civil action in the superior court department of the trial court to enforce the lien under this section or to subject any property, of whatever nature, of the obligor or in which the obligor has any right, title or interest, to the payment of any amounts due under this section.
(d) At the time of any lien, or levy or seizure of any property or rights to property, real or personal, belonging to the obligor, the bureau of special investigations shall send a written notice to the obligor of the action taken which shall specify the amount due and the steps to be followed to release the property so levied, seized or placed under lien.
(e) A notice given pursuant to this section shall be sufficient if sent by first class mail to the obligor's last known address as appearing in the records of the bureau of special investigations.
M.G.L. c. 18, § 30 Overpayments of assistance; repayment agreement; assignment of income
c. 18, § 30. Overpayments of assistance; repayment agreement; assignment of income
Section 30. (a) This section shall apply to the collection of overpayments of financial assistance paid by the department to persons receiving benefits under any program of such assistance administered by the department. An overpayment obligation is one established by a judgment or order of a court, by an administrative hearing decision of the department, or by voluntary agreement.
Whenever this section provides for a hearing, said hearing shall mean a proceeding before the court in which the overpayment obligation was established unless the overpayment obligation was established by the division of hearings established under section sixteen of this chapter or by voluntary agreement, in which case the hearing shall be before said division.
The amount of an overpayment obligation, once established, shall not be the subject of any subsequent hearing.
Any judgment or order of court requiring repayment to the department of financial assistance, any overpayment obligation established by the administrative hearing, and any voluntary agreement to repay such overpayment shall include an assignment to the department of a portion of the obligor's salaries, wages, earnings, or other periodic income, in an aggregate amount sufficient to comply with the judgment, order, decision or agreement as limited by section thirty-four of chapter two hundred and thirty-five.
In establishing the periodic amount of an assignment, except those determined by voluntary agreement, a court or hearing officer shall consider the following factors in determining the amount of the assignment: the amount of assistance to be reimbursed, the income and reasonable expenses of the obligor, and other factors found by the court or hearing officer to be relevant to the obligor's ability to repay the overpayment of financial assistance.
Nothing in this section shall affect the availability of any other method for collecting repayment of financial assistance received.
(b) At the time of the assignment, the obligor shall inform the department of the name and address of his employer, and shall notify the employer of the existence of the assignment. The department shall then notify the employer whether the assignment is in effect under subsection (c). When the obligor changes employers, the obligor shall notify the department, within three days after beginning the new employment, and shall notify the employer of the assignment. The department shall then transfer the assignment to the subsequent employer.
If an assignment is in effect under said subsection (c), but cannot be implemented because the obligor has no employer, the obligor shall notify the department of any employment as soon as it is obtained, and the department shall transfer the assignment to such employer.
If the obligor is self-employed, the assignment shall be ordered in compliance with said subsection (c).
(c) Such assignment shall take effect immediately when the obligor is found in violation or contempt of an order, judgment, hearing decision or agreement. Such assignment shall also take effect immediately in all other cases, unless the court or the department finds good cause exists to order that the assignment be suspended and makes written findings in support of suspension. If the department suspends such assignment, the department shall inform the obligor that under the provisions of subsection (d), such assignment, even if suspended, will take effect without further hearing if an arrearage accrues as described in subparagraph (1) or (2).
In the event that an assignment is suspended in the first instance, it shall take effect:
(1) when a total arrearage equaling the amount owed for a sixty-day period has accrued; or
(2) in cases where payment is to be made once per month, thirty days after the payment is missed; or,
(3) at the request of the obligor at any time prior to the accrual of an arrearage described in subparagraph (1) or (2).
Assignments pursuant to this section shall terminate when the underlying obligation terminates and all arrears are paid.
(d) When the department determines that an arrearage has accrued it shall immediately send the notice of assignment to the obligor's employer and shall send a notice to the obligor.
The notice of assignment sent to an employer shall contain notice of subparagraphs (1) to (5), inclusive, of this subsection, and shall also state the amount of income to be withheld.
(1) The assignment shall begin on the first payment of income that occurs more than three days after an employer receives notice of the assignment and shall continue until the obligor ceases employment or the employer is notified by the department that the assignment should be terminated.
(2) An employer shall send the amount required by the assignment to the department within three days after the day the obligor is paid.
(3) An employer may deduct from said earnings a sum not exceeding one dollar per pay period per obligor as reimbursement for costs incurred in processing any assignment, and may submit to the department a single check covering all employees whose income is assigned along with a statement enumerating each employee's obligation and amount paid.
(4) If any employer fails to comply with an order of income assignment executed pursuant to this section the court may summon the employer to appear in court and show cause why the employer should not be held in civil contempt for failure to obey said order. Said employer shall also be liable to the department in a civil action, action for contempt, or other appropriate proceeding for the full amount of the income assigned and a civil penalty of five hundred dollars.
(5) If the obligor ceases employment, the employer shall notify the department of the employee's departure and any subsequent employer, if known, prior to the time that the next payment to the department is due. Any subsequent employer of the obligor shall, upon notice of an income assignment, comply with the provisions of this section.
(e)(1) If the obligor requests a hearing to challenge the revocation of the suspension of an assignment, a hearing shall be held within fifteen days from receipt of the request. If at the hearing the obligor establishes that no arrearage satisfying the requirements of subparagraph (1) or (2) of subsection (c) existed at the time notice was given or at any time thereafter, or that the obligor is not the person owing such arrearage, the court or hearing officer may order that such assignment be suspended until such an arrearage does accrue. A suspension shall not be ordered upon any other grounds, including the fact that an arrearage satisfying said subparagraph (1) or (2) of subsection (c) does not exist at the time of the hearing if such an arrearage existed at the time when the notice was mailed or any time thereafter.
If the court or hearing officer orders that the assignment be suspended, the department shall promptly notify the employer.
(2) The obligor may also request a hearing, under the same procedure and with the same notice, if the obligor contends that the total arrears owing is incorrect. If the court or hearing officer determines at the hearing that the total amount of arrears calculated is erroneous, the amount calculated shall be adjusted to correct the amount.
(f) Each obligor making payments to the department under this section shall be sent a notice describing: the obligor's duty to report changes in address or employment under subsection (b), the suspended income assignment under subsection (c), the obligor's right to a hearing under subsection (e), and the obligor's right to access to the information compiled on this case at the time when the obligation was established, and once each year thereafter.
M.G.L. c. 18, § 31 Job diversion program; services
c. 18, § 31. Job diversion program; services
Section 31. (a) The department, in collaboration with the commonwealth corporation, shall develop a job diversion program for applicants for cash assistance under transitional aid to families with dependent children to identify applicants who have the necessary job skills and experience and match those applicants with appropriate full-time employment prior to receiving benefits. The job diversion program shall be mandatory for all identified applicants over the age of 18 who are not attending a secondary school full-time or participating in an education or training activity, as defined in 106 CMR 203.400(A)(2)(i); provided, however, that the program shall not be mandatory for an applicant exempt from the work requirements under 106 CMR 203.400(A)(1)(a) to (c), inclusive; and provided further, that the program shall not be mandatory for an applicant participating in a substance abuse treatment program while in a substance abuse shelter or other in-patient program.
(b) The program shall identify able-bodied applicants who are capable of working and attempt to match them with jobs prior to receiving benefits. For those identified applicants not connected with full-time employment prior to receiving cash assistance, the department shall provide a written finding as to why the job diversion program was not successful. The findings shall be part of the applicant's case file. An applicant otherwise eligible for assistance shall not be denied temporary benefits while awaiting job diversion placements.
M.G.L. c. 18, § 32 Participation in pathways to self-sufficiency program required; exceptions
c. 18, § 32. Participation in pathways to self-sufficiency program required; exceptions
Section 32. The department shall require participation in the pathways to self-sufficiency program, established pursuant to section 3C of chapter 118, for all identified applicants over the age of 18 who are not attending a secondary school full-time, participating in an education or training activity, as defined in 106 CMR 203.400(A)(2)(i); provided, however, that the program shall not be mandatory for an applicant exempt from the work requirements pursuant to 106 CMR 203.400(A)(1)(a) to (c), inclusive; and provided further, that the program shall not be mandatory for an applicant participating in a substance abuse treatment program licensed or approved by the department of public health while the applicant is in a substance abuse shelter or other inpatient program. The department shall monitor the participation of applicants in educational or training programs they are referred to, and the applicant shall provide documentation to the department of such participation. An applicant who is otherwise eligible for TAFDC assistance shall not be denied temporary benefits while awaiting employment placement under the program; provided, however that benefits shall be suspended if employment documentation is not provided to the department in a timely manner.
M.G.L. c. 18, § 33 Providing of social security number required; exceptions; penalty for noncompliance
c. 18, § 33. Providing of social security number required; exceptions; penalty for noncompliance
Section 33. The department shall require applicants or recipients of cash assistance to provide their social security number upon application; provided, however, that this section shall not apply to recipients who are present in the United States under 1 of the eligible noncitizen statuses as described in 106 CMR 203.675(A) or 106 CMR 320.620(A) or a victim of domestic violence who has a pending petition for legal status under the federal Violence Against Women Act; provided further, that the department shall provide a 3 month placeholder social security number for applicants or recipients who are expecting mothers in the third trimester of pregnancy or a child under 4 months of age. Failure to provide a valid social security number within 3 months shall result in the suspension of benefits until a valid social security number is provided and verified by the department. The department shall promulgate regulations in accordance with this section.
M.G.L. c. 18, § 34 Tracking of outcomes of individuals served by training and employment service programs
c. 18, § 34. Tracking of outcomes of individuals served by training and employment service programs
Section 34. The department shall require all training and employment service programs, contracted through the department, to track the outcomes of individuals served by the program for at least 1 year after transitioning into employment. The department shall determine the number of individuals each employment service program is required to track.
M.G.L. c. 18, § 35 Availability of caseworker via telephone to recipient of cash assistance
c. 18, § 35. Availability of caseworker via telephone to recipient of cash assistance
Section 35. The department shall ensure when a recipient of cash assistance contacts the department via telephone during normal business hours the recipient is able to speak with a caseworker.
M.G.L. c. 18, § 36 Fraud detection program
c. 18, § 36. Fraud detection program
Section 36. (a) The department, in consultation with the bureau of program integrity, established pursuant to section 16V of chapter 6A, shall develop a fraud detection program. The fraud detection program shall analyze the risk of fraud and refer any cases of suspected fraud to the program integrity division and the bureau of special investigations in the office of the state auditor.
(b) In analyzing risk of fraud and identifying cases for investigation, the program shall consider: (i) even-dollar transactions; (ii) full-benefit withdrawal; (iii) usage patterns; (iv) high electronic benefit transfer card balances; (v) repeated duplicate electronic benefit transfer card requests; (vi) purchases of prohibited items; (vii) other relevant data sources; (viii) reports to case workers of potential fraud; and (ix) instances of the use of direct cash assistance in states other than Massachusetts, New Hampshire, Connecticut, Rhode Island, New York, Vermont and Maine.
(c) To assist the program in identifying and investigating likely cases of fraud, the department shall develop and make available reports identifying: (i) even-dollar transactions by cardholder; (ii) instances of full-benefit withdrawal; (iii) high electronic benefit transfer card balances; (iv) duplicate electronic benefit transfer card requests; (v) purchases of prohibited items and (vi) other data reports, biannually.
M.G.L. c. 18, § 37 Work-related expense deduction
c. 18, § 37. Work-related expense deduction
Section 37. The department shall allow applicants or recipients, who are employed, a monthly $200 work-related expense deduction from gross wages in determining eligibility and the amount of the cash assistance grant. The department shall promulgate regulations in accordance with this section.
M.G.L. c. 18, § 38 Non-approval of application for new benefits for failure to comply with registration requirements in Secs. 178C to 178P of chapter 6
c. 18, § 38. Non-approval of application for new benefits for failure to comply with registration requirements in Secs. 178C to 178P of chapter 6
Section 38. The department shall not approve an application for new benefits for any person required to register pursuant to sections 178C to 178P, inclusive, of chapter 6 and who has failed to register until the individual registers as required by said sections 178C to 178P, inclusive, of said chapter 6; provided, however, that prior to the denial of benefits, the department shall provide the applicant with notice of the applicant's failure to register pursuant to said sections 178C to 178P, inclusive, of said chapter 6 and a reasonable opportunity to be heard.
M.G.L. c. 18, § 39 Protocols for coordination of information with law enforcement agencies, etc. when recipient the subject of felony warrant
c. 18, § 39. Protocols for coordination of information with law enforcement agencies, etc. when recipient the subject of felony warrant
Section 39. The department shall develop protocols for coordinating information with federal, state and local law enforcement agencies and the administrative office of the trial court regarding recipients of publicly-funded benefits who are the subject of felony warrants. The protocols shall be designed to use the department's records to facilitate proper notice to the individual and the department shall, upon request, provide all relevant information to any such law enforcement or the court to facilitate the timely resolution of the warrant.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter18Fetched: 10/20/2026