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Massachusetts Medicaid Trust Law

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

Category: Chelsea

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 1901927

Appellant’s Brief on Appeal 1901927

MassHealth Agency’s Brief on Appeal 1901927

Fair Hearing Decision 1901927

Posted on May 10, 2019September 10, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: trustee compensation, MassHealth memo available, Response to MassHealth memo available, Susan Burgess-Cox

Appeal 1814100

Fair Hearing Decision 1814100

Posted on May 2, 2019August 1, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Casey Groff, Chelsea, issue: ability to make unsecured loan, issue: power of appointment, issue: power of appointment to charity

Appeal 1818863

Appellant Brief 1818863

Fair Hearing Decision 1818863

MassHealth Brief 1818863

Posted on April 10, 2019September 10, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: distributions to pay tax liabilities, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, MassHealth memo available, Response to MassHealth memo available

Appeal 1901662

Fair Hearing Decision 1901662

Posted on April 5, 2019August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment to charity, issue: trustee compensation, Sara E. McGrath

Appeal 1804918

Fair Hearing Decision 1804918

Posted on February 26, 2019August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment to charity, issue: trustee compensation, Rebecca Brochstein

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 1812742

Fair Hearing Decision 1812742

Posted on October 15, 2018August 2, 2019 by Brian E. BarreiraPosted in Casey Groff, Chelsea, Denial at Fair Hearing

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Fair Hearing Decisions
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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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