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Massachusetts Medicaid Trust Law

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

Appeal 1516247

Fair Hearing Decision 1516247

MassHealth Memo

Applicant reply to Commonwealth regarding subpoena

Commonwealth’s reply to subpoena

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Posted on January 26, 2016May 23, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: draftsperson testified about settlor's intentions, issue: language ignored if it defeats Medicaid eligibility standards, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Radha Tilva, Subpoena available

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