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Massachusetts Medicaid Trust Law

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

Appeal 1215864

Response to MassHealth memo, Appeal 1215864

Fair Hearing Decision 1215864

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Posted on November 26, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: power of appointment, issue: power to substitute assets, issue: retained control over trust, Marc Tonaszuck, Response to MassHealth memo available, Springfield

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Categories

  • Fair Hearing Decisions
    • Approval at Fair Hearing
      • issue: ability to invest in income-producing assets
      • issue: ability to make unsecured loan
      • issue: administrative amendment power
      • issue: arguably revocable
      • issue: availability of principal to others does not mean it is available to grantor
      • issue: basic common law and statutory laws of trusts not unchanged by Medicaid law
      • issue: calculation of income that could be paid
      • issue: can invest in annuities
      • issue: can surrender life insurance policy
      • issue: change from approval to denial on redetermination
      • issue: children are contingent beneficiaries only
      • issue: claim that appellant had mortgaged real estate when trust had done so
      • issue: claimed sale proceeds paid off appellant's mortgage
      • issue: distributions to pay tax liabilities
      • issue: draftsperson testified about settlor's intentions
      • issue: extrinsic circumstances; usage of gifted principal
      • issue: fiduciary duties of trustee unchanged by Medicaid laws
      • issue: fluid document giving maximum flexibility
      • issue: funeral/burial expenses
      • issue: intended estate tax inclusion
      • issue: intended grantor trust treatment
      • issue: IRC section 121
      • issue: language ignored if it defeats Medicaid eligibility standards
      • issue: language not disregarded just because it renders principal unavailable
      • issue: life estate in trust
      • issue: no allowable principal distributions to any party
      • issue: no implied support for settlor
      • issue: nominee trust
      • issue: nominee trust and irrevocable trust
      • issue: notice deficient due to lack of statement of reasons for decision
      • issue: nursing facility use of principal for appellant's care
      • issue: oral agreement not in trust
      • issue: payment of maintenance costs by occupant not disqualifying tranfers
      • issue: power of appointment
      • issue: power of appointment to charity
      • issue: power to appoint trustee
      • issue: power to pay estate taxes
      • issue: power to substitute assets
      • issue: presumption in federal law of countability of trusts
      • issue: previous approval of trust
      • issue: prior breach of fiduciary duty
      • issue: real estate tax deduction
      • issue: retained control over trust
      • issue: self-support
      • issue: settlor is sole vested lifetime beneficiary
      • issue: settlor not applicant or applicant’s spouse
      • issue: special needs trust
      • issue: SSI comparability
      • issue: tax-reimbursement clause
      • issue: termination argued to be same as revocable
      • issue: testamentary trust
      • issue: trust can invest in life insurance
      • issue: trust purpose was to remain in community
      • issue: trustee ability to allocate between principal and income
      • issue: trustee compensation
      • issue: trustee could pay debts of probate estate
      • issue: trustee mortgaged real estate
      • issue: trustee power to loan money is not disbursement of principal
      • issue: trustee removal power
      • issue: trustee testified
      • issue: two distinct classes of beneficiaries
      • issue: usage of home renders it available
      • issue: veto power over principal distribution to trustee
      • issue: veto power over sale of real estate
      • pourover to unfunded trust deemed testamentary trust
    • Denial at Fair Hearing
    • Partial Denial at Fair Hearing
  • Fair Hearing Process
    • MassHealth memo available
    • Motion for due process available
    • Motion for rehearing available
    • Response to MassHealth memo available
    • Subpoena available
  • Hearing Location
    • Chelsea
    • Revere
    • Springfield
    • Taunton
    • Tewksbury
  • Hearing Officer
    • Alexandra Shube
    • Brook Padgett
    • Casey Groff
    • Christopher Jones
    • Christopher S. Taffe
    • Cynthia Kopka
    • Jeanne Travers Jabour
    • Kenneth Brodzinski
    • Kim M. Larkin
    • Marc Tonaszuck
    • Patricia Mullen
    • Paul Moore
    • Radha Tilva
    • Rebecca Brochstein
    • Samantha Kurkjy
    • Sara E. McGrath
    • Scott Barnard
    • Stanley Kallianidis
    • Susan Burgess-Cox
    • Suzanne S. Davis
    • Thomas J. Goode
    • Zohra Aziz
  • hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
  • Special needs trust
  • Statutes and Cases for Appellants
    • Administrative consistency cases
    • Key MUTC provisions
    • Massachusetts trust cases
    • Non-Massachusetts trust cases
  • Superior Court proceedings
    • Superior Court loss
    • Superior Court motion for judgment available
    • Superior Court victory
      • issue: power to substitute assets
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