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Massachusetts Medicaid Trust Law

Research MassHealth fair hearing decisions and legal positions taken by Office of Medicaid on trusts

Appeal 1214578

Fair Hearing Decision 1214578

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Posted on October 25, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: no implied support for settlor, issue: payment of maintenance costs by occupant not disqualifying tranfers, issue: power to pay estate taxes, issue: retained control over trust, issue: usage of home renders it available, Sara E. McGrathTagged MassHealth lawyer claimed that trust principal could be used to pay Appellant’s debts, whereas trust actually allowed estate tax payments after death..

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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
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