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Massachusetts Medicaid Trust Law

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

Category: Radha Tilva

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 1818808

Fair Hearing Decision 1818808

Posted on June 19, 2018July 16, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: children are contingent beneficiaries only, issue: power of appointment to charity, Radha Tilva

Appeal 1709754

Fair Hearing Decision 1709754

Posted on August 21, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Radha Tilva, Taunton

Appeal 1705994

Fair Hearing Decision 1705994

Posted on June 6, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, issue: nominee trust, Radha Tilva

Appeal 1612587

Fair Hearing Decision 1612587

Posted on October 26, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: nominee trust and irrevocable trust, issue: trustee compensation, issue: usage of home renders it available, Radha Tilva

Appeal 1610389

Fair Hearing Decision 1610389

Posted on August 30, 2016January 4, 2017 by Brian E. BarreiraPosted in Chelsea, issue: ability to invest in income-producing assets, Partial Denial at Fair Hearing, Radha Tilva

Appeal 1604270

Fair Hearing Decision 1604270

Posted on May 10, 2016May 29, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Radha Tilva, Tewksbury

Appeal 1602888

Fair Hearing Decision 1602888

Posted on April 8, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: distributions to pay tax liabilities, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Radha Tilva

Appeal 1516247

Fair Hearing Decision 1516247

MassHealth Memo

Applicant reply to Commonwealth regarding subpoena

Commonwealth’s reply to subpoena

Posted on January 26, 2016May 23, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: draftsperson testified about settlor's intentions, issue: language ignored if it defeats Medicaid eligibility standards, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Radha Tilva, Subpoena available

Appeal 1507558

Fair Hearing Decision 1507558

Posted on September 15, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: trustee ability to allocate between principal and income, Radha Tilva, Tewksbury

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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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