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Massachusetts Medicaid Trust Law

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

Category: Thomas J. Goode

Appeal 1704776

Fair Hearing Decision 1704776

Posted on June 19, 2017May 30, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Tewksbury, Thomas J. Goode

Appeal 1702881

Fair Hearing Decision 1702881

Posted on April 5, 2017May 30, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Springfield, Thomas J. Goode

Appeal 1613882

Fair Hearing Decision 1613882

Posted on December 9, 2016May 29, 2018 by Brian E. BarreiraPosted in issue: arguably revocable, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, issue: termination argued to be same as revocable, Partial Denial at Fair Hearing, Tewksbury, Thomas J. Goode

Appeal 1608671

Fair Hearing Decision 1608671

Posted on July 19, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Tewksbury, Thomas J. Goode

Appeal 1606312

Fair Hearing Decision 1606312

Posted on June 14, 2016January 4, 2017 by Brian E. BarreiraPosted in Denial at Fair Hearing, Tewksbury, Thomas J. Goode

Appeal 1606312

Fair Hearing Decision 1606312

Posted on June 14, 2016January 4, 2017 by Brian E. BarreiraPosted in Denial at Fair Hearing, Tewksbury, Thomas J. Goode

Appeal 1600434

Fair Hearing Decision 1600434

Posted on February 9, 2016September 15, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: can invest in annuities, issue: power of appointment, issue: retained control over trust, issue: termination argued to be same as revocable, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1509625

Fair Hearing Decision 1509625

Posted on August 27, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: distributions to pay tax liabilities, issue: life estate in trust, issue: power to substitute assets, issue: retained control over trust, issue: trust purpose was to remain in community, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1404746

Fair Hearing Decision 1404746

Posted on December 4, 2014May 14, 2015 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: fiduciary duties of trustee unchanged by Medicaid laws, issue: intended grantor trust treatment, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: life estate in trust, 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: settlor is sole vested lifetime beneficiary, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1404097

Fair Hearing Decision 1404097

Posted on June 5, 2014April 24, 2015 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Tewksbury, Thomas J. Goode

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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
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