Category: Response to MassHealth memo available

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?)

Appeal 1814090

In this case, the MassHealth agency unsuccessfully argued that the vested beneficiaries of a nominee realty trust could amend the trust to give their ownership rights back to the MassHealth applicant, who had established the trust. Since the MassHealth applicant had a life estate in the trust, and since the trust provided that any beneficiary could terminate the trust, the life estate of the MassHealth applicant was deemed to be a countable asset.

Fair Hearing Decision 1814090

redacted Appellant’s brief

Exhibits A-C

Exhibits D-H

MassHealth agency’s memo

Appeal 1608521

Fair Hearing Decision 1608521

MassHealth memo #2

Appellant’s redacted memo #1

MassHealth memo on Appeal 1608521

Appeal 1409671

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M.G.L. c. 203, s. 25A was repealed in 2008.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

cohen-v-commissioner-of-the-division-of-medical-asst

lebow-v-commissioner-of-the-div-of-med

guerriero-v-commissioner

Memorandum of Decision (Doherty v Medicaid)

Medicaid Brief (Doherty v Medicaid)

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

lewis v alexander

verdow-v-sutkowy

u s v powell

Rev Rul 2008-22

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

boston-gas-co-v-department-of-public-utilities-2

davila-bardales-v-ins

mendez-barrera-v-holder

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

Appeal 1409508

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