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Massachusetts Medicaid Trust Law

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

Appeal 1811266 & 1815053

Fair Hearing Decision 1811266 & 1815053

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Posted on January 2, 2019August 2, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Rebecca Brochstein, Tewksbury

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  • 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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