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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: trust can invest in life insurance

Appeal 1822146

Fair Hearing Decision 1822146

Posted on May 10, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: trust can invest in life insurance, Rebecca Brochstein

Appeal 1408319

Fair Hearing Decision 1408319

Posted on August 13, 2014April 13, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: retained control over trust, issue: trust can invest in life insurance, issue: trustee removal power, issue: usage of home renders it available, Stanley Kallianidis

Appeal 1405241

Fair Hearing Decision 1405241

Posted on June 16, 2014May 29, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: arguably revocable, issue: can invest in annuities, issue: life estate in trust, issue: power of appointment, issue: retained control over trust, issue: trust can invest in life insurance, issue: usage of home renders it available, Patricia Mullen, Taunton

Appeal 1318543

January 29, 2014 MassHealth memo; Appeal 1318543

Ford response #1 to MassHealth, Appeal 1318543

MassHealth response to Ford #1, Appeal 1318543

Ford response #2, Appeal 1318543

Fair Hearing Decision 1318543

Posted on January 29, 2014January 10, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: change from approval to denial on redetermination, issue: life estate in trust, issue: nominee trust and irrevocable trust, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trust can invest in life insurance, MassHealth memo available, Response to MassHealth memo available, Stanley Kallianidis

Appeal 1311906

Fair Hearing Decision 1311906

Posted on October 1, 2013September 30, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: life estate in trust, issue: trust can invest in life insurance, Stanley Kallianidis

Appeal 1311604

Fair Hearing Decision 1311604

Posted on May 1, 2013November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: can invest in annuities, issue: trust can invest in life insurance, issue: trustee power to loan money is not disbursement of principal, Patricia Mullen, TauntonTagged appellant did not have access to principal, income considered available, principal used to purchase insurance/annuities not countable, trustee allowed to purchase insurance and annuities.

Appeal 1214782

Fair Hearing Decision 1214782

Posted on January 29, 2013November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: funeral/burial expenses, issue: trust can invest in life insurance, Patricia Mullen, TauntonTagged irrevocable trusts designated for funeral/burial expenses.

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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