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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: calculation of income that could be paid

Appeal 1821006

Fair Hearing Decision 1821006

Posted on June 3, 2019August 6, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: calculation of income that could be paid, issue: trustee power to loan money is not disbursement of principal, Tewksbury

Appeal 1805328 & 1812278

Fair Hearing Decision 1805328 & 1812278

Posted on October 23, 2018August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: calculation of income that could be paid, issue: fluid document giving maximum flexibility, issue: life estate in trust, issue: retained control over trust, Samantha Kurkjy, Tewksbury

Appeal 1806662

Fair Hearing Decision 1806662

Posted on June 22, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: calculation of income that could be paid, issue: power of appointment, Thomas J. GoodeTagged assets not countable, calculation required to determine income that could be paid, cannot count hypothetically unlimited income that does not exist.

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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