Text of MA H 1475 (2012)

HOUSE DOCKET, NO. 01642 FILED ON: 01/20/2011 HOUSE . . . . . . . . . . . . . . . No. 01475 The Commonwealth of Massachusetts _______________ PRESENTED BY: Paul J. Donato _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill: An Act relative to reciprocal benefits contracts. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Paul J. Donato 35th Middlesex James J. Dwyer 30th Middlesex Carlo Basile 1st Suffolk George N. Peterson, Jr. 9th Worcester Angelo M. Scaccia 14th Suffolk John J. Binienda 17th Worcester Ryan Fattman 18th Worcester Kevin Kuros 8th Worcester Sheila Harrington 1st Middlesex Joyce A. Spiliotis 12th Essex Stephen Stat Smith 28th Middlesex Elizabeth Poirier 14th Bristol James Lyons, Jr. 18th Essex Viriato Manuel deMacedo 1st Plymouth HOUSE . . . . . . . . . . . . . . . No. 01475 By Mr. Paul J. Donato of Medford, petition (accompanied by bill, House, No. 01475) of Stephen Stat Smith and others relative to reciprocal benefits contracts. Joint Committee on Public Health. The Commonwealth of Massachusetts _______________ In the Year Two Thousand Eleven _______________ An Act relative to reciprocal benefits contracts. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is 2 hereby amended by inserting after Section 72Y the following section:-- 3 4 Section 72Z. The reciprocal beneficiary (as defined in Section 1 of Chapter 209E) of a 5 patient in a health care facility shall have the right to visit the patient during normal visiting 6 hours, provided the patient does not object. 7 SECTION 2. Section 8 of Chapter 113 of the General Laws, as so appearing is hereby 8 amended by striking out in lines 24 to 30 inclusive the following:-- 9 (1) the spouse, 10 (2) an adult son or daughter, 11 (3) either parent, 12 (4) an adult brother or sister, 13 (5) a guardian of the person of the decedent at the time of his death, 14 (6) any other person authorized or under obligation to dispose of the body. 15 And inserting in place thereof the following:-- 16 (1) the spouse 17 (2) {the reciprocal beneficiary, as defined in Section 1 of Chapter 209E}, 18 (3) an adult son or daughter, 19 (4) either parent, 20 (5) an adult brother or sister, 21 (6) a guardian of the person of the decedent at the time of his death, 22 (7) any other person authorized or under obligation to dispose of the body. 23 SECTION 3. Section 13 of said Chapter 113, as so appearing, is hereby amended by inserting 24 after the word “body” in line 8 the following including the surviving reciprocal beneficiary as 25 defined in Section 1 of Chapter 209E. 26 SECTION 4. Chapter 114, of the General Laws, is hereby amended by inserting after Section 27 44A the following Section 44B:-- 28 (1) Any individual of sound mind who is 18 years of age or older, by completion of a written 29 signed instrument or by preparing of prearranging with any licensed funeral service practitioner, 30 may direct any lawful manner of disposition of the individual’s remains. Except as provided 31 under subsection (6) of this section, disposition directions or disposition prearrangements that are 32 prepaid or that are filed with a licensed funeral service practitioner shall not be subject to 33 cancellation or substantial revision. 34 (2) A person within the first applicable listed class among the following listed classes that is 35 available at the time of death or, in the absence of actual notice of a contrary direction by the 36 decedent as described under subsection (1) of this section or actual notice of opposition by 37 completion of a written instrument by a member of the same class or a member of a prior class, 38 may direct any lawful manner of disposition of a decedent’s remains by completion of a written 39 instrument:-- 40 (1) the spouse, 41 (2) {the reciprocal beneficiary, as defined in Section 1 of Chapter 209E}, 42 (3) an adult son or daughter, 43 (4) either parent, 44 (5) an adult brother or sister, 45 (6) a guardian of the person of the decedent at the time of his death. 46 (7) any other person authorized or under obligation to dispose of the body. 47 (3) The decedent or any person authorized in subsection (2) of this section to direct the 48 manner of disposition of the decedent’s remains may delegate such authority to any person 18 49 years of age or older. Such delegation shall be made by completion of the written instrument. 50 The signature of the individual delegating his or her authority shall be required for the 51 completion of the written instrument. The person to whom the authority is delegated shall have 52 the same authority under subsection (2) of this section as the person delegating the authority. 53 (4) If a decedent or the decedent’s designee issued more than one authorization or direction 54 for the disposal of the decedent’s remains, only the most recent authorization or direction shall 55 be binding. 56 (5) A donation of anatomical gifts under Section 8 of Chapter 113, shall take priority over 57 directions for the disposition of a decedent’s remains under this section only if the person 58 making the donation is of a priority under subsection (1) or (2) of this section the same as or 59 higher than the priority of the person directing the disposition of the remains. 60 (6) If the decedent had directed a disposition under subsection (1) of this section and those 61 financially responsible for the disposition are without sufficient funds to pay for such disposition, 62 or the estate of the decedent has insufficient funds to pay for the disposition, or if the direction is 63 unlawful, the direction shall be void and disposition shall be in accordance with the direction 64 provided by those persons given priority in subsection (2) of this section and who agree to be 65 financially responsible. 66 (7) Subject to the provisions of Chapter 113, if disposition of the remains of a decedent has 67 not been directed and authorized under this section within 10 days after the date of the death of 68 the decedent, a public health officer may direction and authorize disposition of the remains. 69 SECTION 5. Section 25 of Chapter 123 of the General Laws, as appearing in the 2004 Official 70 Edition, is hereby amended by inserting after the word “relative” in line 6 the following:-- or 71 reciprocal beneficiary as defined in Section 1 of Chapter 209E. 72 SECTION 6. Section 26 of said Chapter 123, as so appearing, is hereby amended by inserting 73 after the word “relative” in lines 41 and 43, in each instance the following:-- reciprocal 74 beneficiary. 75 SECTION 7. Section 27 of said Chapter 123, as so appearing, is hereby amended by inserting 76 after the word “relative” in line 3 the following:-- or reciprocal beneficiary. 77 SECTION 8. Section 30 of said Chapter 123, as so appearing, is hereby amended by inserting 78 after the word “kin” in line 4 the following:-- or reciprocal beneficiary. 79 SECTION 9. Section 35 of said Chapter 123, as so appearing, is hereby amended by inserting 80 after the word “guardian” in line 12 the following:-- reciprocal beneficiary. 81 SECTION 10. Section 108 of Chapter 175 of the General Laws, as so appearing, is hereby 82 amended by inserting after the word “policy holder” in line 32 the following:-- including a 83 reciprocal beneficiary as defined in Section 1 of Chapter 209E. 84 SECTION 11. Section 110, subsection (E) of said Chapter 175, as so appearing, is hereby 85 amended by inserting after the word “thereunder” the following:-- including reciprocal 86 beneficiaries. 87 SECTION 12. Section 110C of said Chapter 175, as so appearing, is hereby amended by 88 inserting after the word “residents” in line 8 the following:-- and reciprocal beneficiaries as 89 defined in Section 1 of Chapter 209E. 90 SECTION 13. Section 110G of said Chapter 175, as so appearing is hereby amended by 91 inserting after the word “dependents” in line 7, 9, 10, 14, 16, 19, 31, 47, in each instance the 92 following:-- or reciprocal beneficiary. 93 SECTION 13A. Section 111G of said Chapter 175, as so appearing, is hereby amended by 94 inserting after the word “age” the following:-- or reciprocal beneficiary as defined in Section 1 of 95 Chapter 209E. 96 SECTION 14. Section 113O of said Chapter 175, as so appearing, is hereby amended by 97 inserting after the word “employee” in line 128 the following:-- or reciprocal beneficiary as 98 defined in Section 1 of Chapter 209E. 99 SECTION 15. Section 132A of said Chapter 175, as so appearing, is hereby amended by 100 inserting after the word “children” in line 42 and after the word “members” in line 46 the 101 following:-- and surviving reciprocal beneficiaries. 102 SECTION 16. Section 133 of said Chapter 175, as so appearing, is hereby amended by striking 103 out the fourth paragraph and inserting in place thereof the following paragraph:-- 104 Any group life insurance policy issued under the provisions of this section, except a 105 policy insuring the lives of debtors in accordance with clause (c) may also insure the dependents 106 of employees, or members or other persons insured thereunder, {including reciprocal 107 beneficiaries}, and the employees or members or other persons {or reciprocal beneficiaries} may 108 contribute part or all of the premium for such insurance. Notwithstanding provision 4 of Section 109 134, only one certificate need be issued for delivery to, an insured person if a statement 110 concerning any dependents’ coverage is included in such certificate. Upon termination of the 111 insurance with respect to the spouse {or reciprocal beneficiary}of any employee by reason of the 112 employee’s termination of employment or death, the spouse {or reciprocal beneficiary} insured 113 pursuant to this section shall have the same conversion rights as to the insurance on his or her life 114 as is provided for the employee under provision 4 of said Section 134. 115 SECTION 17. Section 134 of said Chapter 175, as so appearing, is hereby amended by inserting 116 after the word “sisters” in line 93 the following:-- or reciprocal beneficiary. 117 SECTION 18. Chapter 184 of the General Laws is hereby amended by inserting after Section 7 118 the following section:-- 119 Section 7A. Every conveyance or devise of lands, or interest therein, made to reciprocal 120 beneficiaries as defined in Section 1 of Chapter 209E, or to executors or trustees, creates a 121 tenancy in common unless it is in some manner clearly and expressly declared in the conveyance 122 or devise that the grantees or devisees take the lands with right of survivorship. Such a 123 declaration of a right to survivorship shall create a joint tenancy with survivorship. 124 SECTION 19. The second paragraph of Section 1 of Chapter 188 of the General Laws, as 125 appearing in the 2004 Official Edition, is hereby amended by striking out the first sentence and 126 inserting in place thereof the following sentence:-- 127 For the purposes of this chapter, an owner of a home shall include a sole owner, joint 128 tenant, tenant by the entirety or tenant in common; provided, that only one owner may acquire an 129 estate of homestead in any such home for the benefit of his family {or for the benefit of his 130 reciprocal beneficiary as defined in Section 1 of Chapter 209E}; and provided further, that an 131 estate of homestead may be required on only one principal residence for the benefit of a family 132 {or for the benefit of a reciprocal beneficiary}. 133 SECTION 20. Section 4 of said Chapter 188, as so appearing, is hereby amended by striking out 134 the first sentence and inserting in place thereof the following sentence:-- 135 The estate of homestead existing at the death of a person holding a homestead shall 136 continue for the benefit of the surviving spouse and minor children {or reciprocal beneficiary} 137 and shall be held and enjoyed by them, if one of them or a purchaser under Section 8 occupies 138 the premises, until the youngest unmarried child is 18 and until the marriage or death of the 139 spouse {or reciprocal beneficiary}; and if a widow or minor children are entitled to an estate of 140 homestead as provided herein, it may be set off to them in the same manner as dower. 141 SECTION 21. Section 6 of said Chapter 188, as so appearing, is hereby amended by inserting 142 after the word “spouse” in lines 8 and 9, in each instance the following:-- reciprocal beneficiary. 143 SECTION 22. Section 7 of said Chapter 188, as so appearing, is hereby amended by inserting 144 after the word “spouse” in lines 4 and 7, in each instance the following:-- reciprocal beneficiary. 145 SECTION 23. Section 8 of said Chapter 188, as so appearing, is hereby amended by inserting 146 after the word “spouse” in lines 1, 4 and 6, in each instance the following:-- or surviving 147 reciprocal beneficiary. 148 SECTION 24. Said Section 8 of said Chapter 188, as so appearing, is hereby further amended by 149 inserting after the word “them” in line 8 the following:-- or surviving reciprocal beneficiary. 150 SECTION 25. Section 1 of Chapter 190 of the General Laws, as so appearing is hereby 151 amended by inserting after the word “wife” in line 1 the following:-- or reciprocal beneficiary as 152 defined in Section 1 of Chapter 209E. 153 SECTION 26. Said Section 1 of said Chapter 190, as so appearing, is hereby further amended by 154 inserting after the word “wife” in lines 9 and 17, in each instance the following:-- or reciprocal 155 beneficiary. 156 SECTION 27. Section 3 of said Chapter 190, as so appearing, is hereby amended by inserting 157 after the word “children” in line 5 the following:-- or reciprocal beneficiary. 158 SECTION 28. Said Section 3 of said Chapter 190, as so appearing, is hereby further amended by 159 inserting after the word “husband” in line 29 the following:-- or reciprocal beneficiary. 160 SECTION 29. Chapter 191 of the General Court is hereby amended by inserting after Section 9 161 the following section— 162 Section 9A. The registration of a person as a reciprocal beneficiary, in accordance with 163 Section 5 of Chapter 209E shall act as a revocation of a will made by him previous to registration 164 unless it appears from the will that it was made in contemplation thereof. If the will is made in 165 the exercise of a power of appointment and the real and personal property subject to the 166 appointment would not, without the appointment, pass to the persons who would have been 167 entitled to it if it had been the estate and property of the testator making the appointment and he 168 had died intestate, so much of the will as makes the appointment shall not be revoked by 169 registration as a reciprocal beneficiary 170 If, after executing a will, the testator shall terminate his or her “Reciprocal Beneficiary 171 Contract,” as provided by Section 6 of Chapter 209E, such termination shall revoke any 172 disposition or appointment of property made by the will to the formal reciprocal beneficiary, any 173 provision conferring a general or special power of appointment on the former reciprocal 174 beneficiary, and any nomination of the former reciprocal beneficiary, as executor, trustee, 175 conservator or guardian, unless the will shall expressly provide otherwise. If provisions shall be 176 revoked solely by this section, they shall be revived by the testator’s re-registration as a party to 177 a new “Reciprocal Beneficiary Contract” with the former reciprocal beneficiary. 178 SECTION 30. Chapter 196 of the General Laws is hereby amended by striking out Section 1 179 and inserting in place thereof the following:-- 180 Section 1. Articles of apparel and ornaments of the surviving spouse, minor children {or 181 surviving reciprocal beneficiary, as defined in Section 1 of Chapter 209E} of a deceased person 182 shall belong to them respectively. The surviving spouse {or surviving reciprocal beneficiary} 183 may remain in the house of a deceased spouse {or deceased reciprocal beneficiary} for not more 184 than six months next succeeding the death without being chargeable for rent. 185 SECTION 31. Section 2 of said Chapter 196, as appearing in the 2004 Official Edition, is 186 hereby amended by inserting after the word “spouse” in line 3 the following:-- or surviving 187 reciprocal beneficiary. 188 SECTION 32. Section 2 of said Chapter 196, as so appearing, is hereby further amended by 189 inserting the word “spouse” in line 4, each time it appears the following:-- or reciprocal 190 beneficiary. 191 SECTION 33. Section 3 of said Chapter 196, as so appearing, is hereby amended by striking out 192 the last sentence and inserting in place thereof the following sentence:-- 193 The widow or surviving reciprocal beneficiary shall be entitled only to his or her share in 194 the residence after deducting the value of the advancement. 195 SECTION 34. Section 3 of Chapter 201D of the General Laws, as so appearing, is hereby 196 amended by adding the following:-- or unless both parties are signatories to a valid reciprocal 197 beneficiaries contract as defined in Section 1 of Chapter 209E. 198 SECTION 35. The third paragraph of Section 7 of said Chapter 201D is hereby amended by 199 adding the following:-- or (iii) the termination of Reciprocal Beneficiary Contract, in accordance 200 with Section 6 of Chapter 209E, between the principal and his reciprocal beneficiary, where the 201 reciprocal beneficiary is the principal’s agent under a health care proxy. 202 SECTION 36. Section 17 of said Chapter 201D, as so appearing, is hereby amended by inserting 203 after the word “principal” in line 3 the following:-- or reciprocal beneficiary as defined in 204 Section 1 of Chapter 209E. 205 SECTION 36a. Section 1 of Chapter 228 of the General Laws, as so appearing, is hereby 206 amended by adding after the word “guardian” the following:-- or reciprocal beneficiary as 207 defined in Section 1 of Chapter 209E. 208 SECTION 37. The General Laws are hereby amended by inserting after Chapter 209D the 209 following chapter:-- 210 CHAPTER 209E 211 RECIPROCAL BENEFICIARY CONTRACTS. 212 SECTION 1. As used in this chapter the following words, unless the context requires otherwise, 213 shall have the following meanings:-- 214 “Former reciprocal beneficiary” a party to a prior “Reciprocal Beneficiary Contract” 215 which has since been terminated in accordance with Section 6. 216 “Notice of Termination of Reciprocal Beneficiary Contract” a form, signed by a party to 217 a valid “Reciprocal Beneficiary Contract” indicating his or her intention to terminate the 218 operation of a “Reciprocal Beneficiary Contract” and filed in accordance with Section 6. 219 “Reciprocal beneficiary” an adult who meets the eligibility requirements as defined in 220 Section 2 and who is a party to a valid “Reciprocal Beneficiary Contract.” 221 “Reciprocal Beneficiary Contract” a form, signed by two eligible adults, who meet the 222 requirements of Section 2, and registered in accordance with Section 5, indicating the contractual 223 agreement between the two adults to share certain rights and benefits enumerated in the Act. 224 “Secretary” the Secretary of State. 225 SECTION 2. In order to enter into a valid “Reciprocal Beneficiary Contract,” it shall be 226 necessary that:-- 227 a. each of the parties be at least 18 years of age and legally competent; 228 b. each of the parties be a legal resident of the Commonwealth; 229 c. neither of the parties be married, nor a party to another “Reciprocal Beneficiary 230 Contract”; 231 d. the parties be legally prohibited from marrying one another under Chapter 207 of the 232 General Laws; 233 e. consent of either party to the “Reciprocal Beneficiary Contract” has not been obtained by 234 force, duress, or fraud; 235 f. “Reciprocal Beneficiary Contract” form must be signed by both parties and filed as 236 specified in Section 5. 237 SECTION 3. The Secretary of State may promulgate rules and regulations regarding the 238 implementation of this chapter. 239 SECTION 4. Forms:-- 240 a. The Secretary shall prepare and make available the form entitled “Reciprocal Beneficiary 241 Contract”. This form shall state the eligibility requirements, and require each person who wants 242 to become a party to a “Reciprocal Beneficiary Contract” to:-- 243 1). State that he or she desires to enter into a legally binding contractual agreement to share 244 certain benefits and obligations enumerated in this chapter; 245 2). State that he or she meets the requirements of Section 2 at the time the form is signed and 246 notarized; 247 3). Provide a mailing address; 248 4). Provide a social security number; 249 5). Sign the form with a declaration that representations made therein are true, correct, and 250 contain no material omissions of fact to the best knowledge and belief of each declarant; 251 6). Have a notary public certify both signatures; 252 7). File the document with the Secretary. 253 254 b. The Secretary shall also prepare and make available the form entitled “Notice of 255 Termination of Reciprocal Beneficiary Contract”. This form shall require each person who 256 wants to terminate a valid “Reciprocal Beneficiary Contract” to:-- 257 1). Provide the date and the registration number of the original “Reciprocal Beneficiary 258 Contract”; 259 2). State that he, she or they desire to terminate the operation of the existing “Reciprocal 260 Beneficiary Contract”; 261 3). Provide both parties most recent mailing addresses; 262 4). Provide both parties social security numbers; 263 5). Sign the form with a declaration that representations made there are true, correct, and 264 contain no material omissions of fact to the best knowledge and belief of the declarant(s); 265 6) Have a notary public certify his, her or their signature(s); 266 7) File the document with the Secretary. 267 SECTION 5. Two people who meet the criteria set out in Section 2 of this chapter may register 268 their contractual agreement to become reciprocal beneficiaries by filing a completed, signed and 269 notarized “Reciprocal Beneficiary Contract” from with the Secretary. 270 The Secretary shall set and collect a fee for filing the “Reciprocal Beneficiary 271 Contract” form, which shall be deposited in the General Fund. 272 Upon receipt of a completed, signed, notarized “Reciprocal Beneficiary Contract” 273 form and the filing fee, the Secretary shall register the contractual agreement, assign the parties a 274 registration number and forward a copy of the “Reciprocal Beneficiary Contract” form to each 275 party named on the form by first class mail. A signed and notarized “Reciprocal Beneficiary 276 Contract” form shall constitute a public record. 277 The Secretary shall maintain a record of each “Reciprocal Beneficiary Contract” 278 form filed with the Secretary. The Secretary may make the information contained in the 279 “Reciprocal Beneficiary Contract” form available to such state or federal agencies as may be 280 required by state or federal law. 281 The Secretary shall maintain a process whereby “Reciprocal Beneficiary 282 Contracts” and marriage licenses are cross-referenced for the purpose of this chapter. 283 SECTION 6. Either party to a “Reciprocal Beneficiary Contract” may terminate the 284 agreement by filing a completed, signed, notarized “Notice of Termination of Reciprocal 285 Beneficiary Contract” with the Secretary. 286 Upon receipt of a completed, signed, notarized “Notice of Termination of 287 Reciprocal Beneficiary Contract” form and the filing fee, the Secretary shall register the “Notice 288 of Termination of Reciprocal Beneficiary Contract “ form and forward a copy of the “Notice of 289 Termination of Reciprocal Beneficiary Contract” form to each party’s most recently know 290 address by first class mail. Termination of the “Reciprocal Beneficiary Contract” shall become 291 effective 30 days after the date of Notice is registered by the Secretary, unless the party or parties 292 filing the Notice of Termination withdraw the termination form by notifying the Secretary in 293 writing. 294 The Secretary shall set and collect a fee for filing the “Notice of Termination of 295 Reciprocal Beneficiary Contract” form which shall be deposited into the General Fund. The 296 Secretary shall also maintain a record of each filed “Notice of Termination of Reciprocal 297 Beneficiary Contract” form, cross referenced with marriage licenses for the purpose of this 298 chapter. 299 When a marriage license is issued to either party to a “Reciprocal Beneficiary 300 Contract” or when a party to a “Reciprocal Beneficiary Contract” enters into a marriage, the 301 “Reciprocal Beneficiary Contract” shall be deemed terminated and the rights and obligations 302 provided to the parties under this chapter shall no longer be available. 303 SECTION 7. Upon registration of the “Reciprocal Beneficiary Contract” form, “Reciprocal 304 Beneficiary” rights and obligations shall be limited to the provisions contained in this chapter. 305 Such provisions shall be narrowly interpreted, and nothing in this chapter shall be construed nor 306 implied to create or extend rights or benefits no specifically provided here. 307 SECTION 8. If any provisions of this chapter, or the application thereof to any person or 308 circumstance is held invalid, the invalidity does not affect other provisions of applications of the 309 chapter, which can be given effect without the invalid provision or application, and to this end 310 the provisions of this chapter are severable.