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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: language ignored if it defeats Medicaid eligibility standards

Appeal 1815328

Fair Hearing Decision 1815328

Posted on December 4, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: arguably revocable, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: nursing facility use of principal for appellant's care, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust

Appeal 1516247

Fair Hearing Decision 1516247

MassHealth Memo

Applicant reply to Commonwealth regarding subpoena

Commonwealth’s reply to subpoena

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

Appeal 1501446

Fair Hearing Decision 1501446

Posted on July 20, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee removal power, Taunton

Appeal 1404746

Fair Hearing Decision 1404746

Posted on December 4, 2014May 14, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: intended grantor trust treatment, 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: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1318124

March 21, 2014 and May 15, 2014 MassHealth memos; Appeal 1318124

Fair Hearing Decision 1318124

Posted on March 21, 2014February 17, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: claim that appellant had mortgaged real estate when trust had done so, issue: claimed sale proceeds paid off appellant's mortgage, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: no implied support for settlor, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trustee mortgaged real estate, issue: usage of home renders it available, issue: veto power over sale of real estate, MassHealth memo available, Radha TilvaTagged MassHealth lawyer claimed that sale proceeds paid off settlor's mortgage, when in fact mortgage was executed by trust.

Appeal 1401521

Fair Hearing Decision 1401521

Posted on February 27, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: power of appointment, issue: power to pay estate taxes, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: trustee could pay debts of probate estate, Sara E. McGrath, TewksburyTagged MassHealth lawyer claimed the power to distribute principal to the appellant's children gave the trustees the power to distribute principal to the appellant if she had no living children..

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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