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Massachusetts Medicaid Trust Law

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

Category: Cynthia Kopka

Appeal 1810401-Remand

Fair Hearing Decision 1810401-Remand

Posted on March 18, 2019August 2, 2019 by Brian E. BarreiraPosted in Cynthia Kopka, Denial at Fair Hearing, 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 1803902

Fair Hearing Decision 1803902

Posted on June 26, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Cynthia Kopka, Fair Hearing Decisions, issue: power of appointment, issue: power of appointment to charity, TewksburyTagged assets in trust not countable, spouse's power to appoint was limited, unclear how appellant would be able to benefit.

Appeal 1719306

Fair Hearing Decision 1719306

Posted on June 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Cynthia Kopka, Denial at Fair Hearing, Fair Hearing Decisions, TewksburyTagged appellant placed assets in special needs pooled trust, assets not considered constructively held in special needs trust prior to transfer.

Appeal 1800439

Fair Hearing Decision 1800439

Posted on May 23, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Cynthia Kopka, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: distributions to pay tax liabilities, issue: trustee compensation, TewksburyTagged funds not available at time transfer was made, Heyn case, trustee cannot distribute principal to appellant.

Appeal 1713343

Fair Hearing Decision 1713343

Posted on November 7, 2017May 30, 2018 by Brian E. BarreiraPosted in Cynthia Kopka, Denial at Fair Hearing, Tewksbury

Appeal 1706399

Fair Hearing Decision 1706399

Posted on June 16, 2017May 30, 2018 by Brian E. BarreiraPosted in Chelsea, Cynthia Kopka, Denial at Fair Hearing

Appeal 1705787

Fair Hearing Decision 1705787

Posted on June 2, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Cynthia Kopka, issue: can invest in annuities, issue: nominee trust and irrevocable trust, Tewksbury

Appeal 1703712

Fair Hearing Decision 1703712

Posted on April 24, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: power of appointment to charity, issue: tax-reimbursement clause, issue: usage of home renders it available

Appeal 1703712

Fair Hearing Decision 1703712

Posted on April 24, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: power of appointment, issue: power of appointment to charity, issue: usage of home renders it available

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Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
- Taunton
- Tewksbury
Hearing Officer
hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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