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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: presumption in federal law of countability of trusts

Appeal 1900215 & 1905447

Fair Hearing Decision 1900215 & 1905447

The MassHealth agency had issued a denial that included trustee compensation as one of the reasons, then the lawyer representing the agency waived the issue; see pages 5 and 22 of the decision. (Does the MassHealth agency really believe it is entitled to enforce its legal positions selectively?)

Posted on May 29, 2019July 16, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: availability of principal to others does not mean it is available to grantor, issue: children are contingent beneficiaries only, 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: settlor is sole vested lifetime beneficiary, issue: trustee compensation, MassHealth memo available, Paul Moore, Response to MassHealth memo available, Taunton

Appeal 1601867

Fair Hearing Decision 1601867

Posted on May 2, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: trustee removal power, issue: usage of home renders it available, Taunton

Appeal 1602888

Fair Hearing Decision 1602888

Posted on April 8, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: distributions to pay tax liabilities, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Radha Tilva

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 1503755

Fair Hearing Decision 1503755

Posted on May 11, 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: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: retained control over trust, Springfield

Appeal 1411682

Fair Hearing Decision 1411682

Posted on December 12, 2014April 24, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: administrative amendment power, issue: draftsperson testified about settlor's intentions, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee ability to allocate between principal and income, Susan Burgess-Cox, Tewksbury1 Comment

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 1409399

Fair Hearing Decision 1409399

Posted on September 18, 2014April 13, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath, Tewksbury

Appeal 1406520

Fair Hearing Decision 1406520

Posted on June 23, 2014March 21, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: can invest in annuities, issue: intended grantor trust treatment, issue: power of appointment, issue: power to appoint trustee, 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 removal power, Sara E. McGrath

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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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