Archive for the ‘Response to MassHealth memo available’ Category

Fair Hearing Decision 1608521

MassHealth memo #2

Appellant’s redacted memo #1

MassHealth memo on Appeal 1608521

Fair Hearing Decision 1510857

Appellant’s Exhibit J

Appellant’s reply to MassHealth memo

MassHealth’s memo

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


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M.G.L. c. 203, s. 25A was repealed in 2008.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

Fair Hearing Decision 1409508

Motion to release MassHealth memo, Appeal 1409508

Larkin response to motion to release MassHealth memo, Appeal 1409508

MassHealth memo, Appeal 1409508

Response to MassHealth memo, Appeal 1409508

July 15, 2014 MassHealth memo; Appeal 1407381

Barreira response to MassHealth, appeal 1407381

Hearing Officer refused to issue subpoenas

MassHealth response to Appellant’s memo, Appeal 1407381

motion to reopen fair hearing

February 12, 2014 MassHealth memo; Appeal 1317424

Response to MassHealth memo, Appeal 1317424

Fair Hearing Decision 1317424