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Massachusetts Medicaid Trust Law

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

Category: Approval at Fair Hearing

Appeal 1811536

Fair Hearing Decision 1811536

Posted on February 13, 2019August 6, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, issue: power of appointment to charity, Tewksbury

Appeal 1816663

Fair Hearing Decision 1816663

Posted on February 11, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: arguably revocable, issue: fluid document giving maximum flexibility, issue: nominee trust, issue: retained control over trust, Tewksbury

Appeals 1819099 and 1820304

Fair Hearing Decisions 1819099 and 1820304

Posted on January 17, 2019January 28, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: distributions to pay tax liabilities, issue: power of appointment to charity, issue: tax-reimbursement clause, issue: trustee compensation, issue: trustee removal power, Sara E. McGrath, Tewksbury

Appeal 1820029

Fair Hearing Decision 1820029

Posted on December 12, 2018August 6, 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: power of appointment, issue: trustee compensation, Stanley Kallianidis, Taunton

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 1806566

Fair Hearing Decision 1806566

Posted on November 14, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Radha Tilva

Appeal 1814027

Fair Hearing Decision 1814027

Posted on November 1, 2018July 29, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Paul Moore

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 1806325

Fair Hearing Decision 1806325

Posted on October 9, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: fluid document giving maximum flexibility, issue: power of appointment, Samantha Kurkjy, Tewksbury

Appeal 1802399

Fair Hearing Decision 1802399

Posted on October 4, 2018January 10, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: nominee trust and irrevocable trust, issue: power of appointment to charity, Stanley Kallianidis, TauntonTagged assets not countable, assets unavailable, distributions are to children not to appellant, nonprofits and nursing homes not synonymous with charity, right of appointment is to charity.

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Fair Hearing Decisions
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- Revere
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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
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