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Massachusetts Medicaid Trust Law

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

Category: issue: basic common law and statutory laws of trusts not unchanged by Medicaid law

Appeal 1402348

Fair Hearing Decision 1402348

April 1, 2014 MassHealth memo; Appeal 1402348

Posted on May 19, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: termination argued to be same as revocable, issue: veto power over sale of real estate, MassHealth memo available, Springfield

Appeal 1401798

Fair Hearing Decision 1401798

Posted on April 4, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: administrative amendment power, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: intended estate tax inclusion, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Springfield

Appeal 1401539

March 28, 2014 MassHealth memo; Appeal 1401539

Fair Hearing Decision 1401539

Posted on March 28, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: termination argued to be same as revocable, issue: usage of home renders it available, MassHealth memo available, Springfield

Appeal 1311826

Fair Hearing Decision 1311826

Posted on October 15, 2013October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: termination argued to be same as revocable, issue: trustee removal power, issue: two distinct classes of beneficiaries, Springfield

Categories

Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
- Taunton
- Tewksbury
Hearing Officer
hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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