Archive for the ‘MassHealth memo available’ Category

Appeal 1104515

Posted: January 4, 2017 in MassHealth memo available

MassHealth’s Superior Court Opposition Brief (This is the Parsons case. Note that the “available” home argument was not made here, despite misrepresentations from the Office of Attorney General in court cases that the agency made that argument.)

Fair Hearing Decision 1609134

MassHealth memo on Appeal 1609134

Fair Hearing Decision 1608379

MassHealth Memorandum on Appeal 1608379

Fair Hearing Decision 1608521

MassHealth memo #2

Appellant’s redacted memo #1

MassHealth memo on Appeal 1608521

Fair Hearing Decision 1507042 redacted

redacted response of appellant to MassHealth memo

redacted Exhibit A

exhibits b-h

exhibits i-m

exhibits n-o

exhibits p-r

MassHealth Legal Opinion

redacted irrevocable trust


MassHealth memo, Appeal 1504149

Superior Court judgment in favor of Appellant

Fair Hearing Decision 1409671

11172014 letter to hearing officer

July 15, 2014 MassHealth memo; Appeal 1407381 (Office of Medicaid issued same memo as in spouse’s earlier trust denial case)

Appellant’s memo on Appeal 1409671

affidavit of bankruptcy trustee

11122014 exhibits

MassHealth response to Appellant’s memo

Second Memorandum of Appellant

Third Memorandum of Appellant

Subpoena Requests:

subpoenas denied

Subpoena Duces Tecum

refusal to honor subpoena

Letter to Hearing Officer Requesting Subpoena

subpoena again denied

further subpoena and due process denials

Misrepresentations by Office of Medicaid:

Shelales was not a trust case. shelales-v-director-of-the-off-of-med

M.G.L. c. 203, s. 25A was repealed in 2008. MGL c. 203 s. 25A

HCFA 64 still applies to irrevocable trusts. HCFA Transmittal 64 – Sec. 3257 – 3259

Cases cited in Appellant’s memo (Massachusetts trust cases):

Dana v. Gring




Memorandum of Decision (Doherty v Medicaid)

Medicaid Brief (Doherty v Medicaid)

Cases cited in Appellant’s memo (non-Massachusetts trust cases):

lewis v alexander


u s v powell

Rev Rul 2008-22

Cases cited in Appellant’s memo (Administrative consistency cases):




Key MUTC provisions affecting irrevocable income-only trusts:

key MUTC provisions

Previous position of Office of Medicaid on trust and transfer issues:

04-29-1992 DMA memo re trust and transfer issues