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Massachusetts Medicaid Trust Law

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

Category: Special needs trust

Appeal 1814774

Fair Hearing Decision 1814774

Posted on September 9, 2018November 19, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: special needs trust, Paul Moore, Special needs trustTagged trust at issue met criteria for special needs trust.

Appeal 1720185

Fair Hearing Decision 1720185

Posted on April 5, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Kenneth Brodzinski, Partial Denial at Fair Hearing, Special needs trust, TewksburyTagged appellant given chance to revise trust, if trust converted to special needs trust it will not be countable, trustee could use principal for appellant's benefit.

Appeal 1704185

Fair Hearing Decision 1704185

Posted on May 2, 2017November 19, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Marc Tonaszuck, Partial Denial at Fair Hearing, Special needs trust, SpringfieldTagged transfers made to contractor directly were disqualifying, transfers made to special needs trust were permissible.

Appeal 1604978

Fair Hearing Decision 1604978

Posted on April 5, 2016November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Special needs trust, Tewksbury, Zohra AzizTagged transfer of real estate into special needs trust was permissible.

Appeal 1500807

Fair Hearing Decision 1500807

Posted on April 17, 2015November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Radha Tilva, Special needs trust, TewksburyTagged transfer into special needs trust for granddaughter was permissible.

Appeal 1402946

Fair Hearing Decision 1402946

Posted on May 22, 2014November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Radha Tilva, Special needs trust, TewksburyTagged not countable, placed in trust immediately upon receipt, proceeds of spouse's life insurance policy placed in trust, Special needs trust.

Appeal 1303588

Fair Hearing Decision 1303588

Posted on February 24, 2014November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: special needs trust, Rebecca Brochstein, Special needs trustTagged appellant funded special needs trust, appellant's son was trustee, for sole benefit of disabled person under 65, not countable, trust does not need to be for applicant's benefit.

Appeal 1306509

Fair Hearing Decision 1306509

Posted on September 12, 2013November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Special needs trust, Susan Burgess-Cox, TewksburyTagged grandson under 65 and disabled, supplemental trust for appellant's grandson.

Appeal 1300483

Fair Hearing Decision 1300483

Posted on September 4, 2013November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, Fair Hearing Decisions, issue: special needs trust, Special needs trust, SpringfieldTagged resources transferred into SNT.

Appeal 1218041

Fair Hearing Decision 1218041

Posted on April 2, 2013November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: special needs trust, Special needs trust, Susan Burgess-CoxTagged does not have to be special needs trust specifically, transfer was permissible, trust is for sole benefit of disabled person under age 65.

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  • Fair Hearing Decisions
    • Approval at Fair Hearing
      • issue: ability to invest in income-producing assets
      • issue: ability to make unsecured loan
      • issue: administrative amendment power
      • issue: arguably revocable
      • issue: availability of principal to others does not mean it is available to grantor
      • issue: basic common law and statutory laws of trusts not unchanged by Medicaid law
      • issue: calculation of income that could be paid
      • issue: can invest in annuities
      • issue: can surrender life insurance policy
      • issue: change from approval to denial on redetermination
      • issue: children are contingent beneficiaries only
      • issue: claim that appellant had mortgaged real estate when trust had done so
      • issue: claimed sale proceeds paid off appellant's mortgage
      • issue: distributions to pay tax liabilities
      • issue: draftsperson testified about settlor's intentions
      • issue: extrinsic circumstances; usage of gifted principal
      • issue: fiduciary duties of trustee unchanged by Medicaid laws
      • issue: fluid document giving maximum flexibility
      • issue: funeral/burial expenses
      • issue: intended estate tax inclusion
      • issue: intended grantor trust treatment
      • issue: IRC section 121
      • 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: no allowable principal distributions to any party
      • issue: no implied support for settlor
      • issue: nominee trust
      • issue: nominee trust and irrevocable trust
      • issue: notice deficient due to lack of statement of reasons for decision
      • issue: nursing facility use of principal for appellant's care
      • issue: oral agreement not in trust
      • issue: payment of maintenance costs by occupant not disqualifying tranfers
      • issue: power of appointment
      • issue: power of appointment to charity
      • issue: power to appoint trustee
      • issue: power to pay estate taxes
      • issue: power to substitute assets
      • issue: presumption in federal law of countability of trusts
      • issue: previous approval of trust
      • issue: prior breach of fiduciary duty
      • issue: real estate tax deduction
      • issue: retained control over trust
      • issue: self-support
      • issue: settlor is sole vested lifetime beneficiary
      • issue: settlor not applicant or applicant’s spouse
      • issue: special needs trust
      • issue: SSI comparability
      • issue: tax-reimbursement clause
      • issue: termination argued to be same as revocable
      • issue: testamentary trust
      • issue: trust can invest in life insurance
      • issue: trust purpose was to remain in community
      • issue: trustee ability to allocate between principal and income
      • issue: trustee compensation
      • issue: trustee could pay debts of probate estate
      • issue: trustee mortgaged real estate
      • issue: trustee power to loan money is not disbursement of principal
      • issue: trustee removal power
      • issue: trustee testified
      • issue: two distinct classes of beneficiaries
      • issue: usage of home renders it available
      • issue: veto power over principal distribution to trustee
      • issue: veto power over sale of real estate
      • pourover to unfunded trust deemed testamentary trust
    • Denial at Fair Hearing
    • Partial Denial at Fair Hearing
  • Fair Hearing Process
    • MassHealth memo available
    • Motion for due process available
    • Motion for rehearing available
    • Response to MassHealth memo available
    • Subpoena available
  • Hearing Location
    • Chelsea
    • Revere
    • Springfield
    • Taunton
    • Tewksbury
  • Hearing Officer
    • Alexandra Shube
    • Brook Padgett
    • Casey Groff
    • Christopher Jones
    • Christopher S. Taffe
    • Cynthia Kopka
    • Jeanne Travers Jabour
    • Kenneth Brodzinski
    • Kim M. Larkin
    • Marc Tonaszuck
    • Patricia Mullen
    • Paul Moore
    • Radha Tilva
    • Rebecca Brochstein
    • Samantha Kurkjy
    • Sara E. McGrath
    • Scott Barnard
    • Stanley Kallianidis
    • Susan Burgess-Cox
    • Suzanne S. Davis
    • Thomas J. Goode
    • Zohra Aziz
  • hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
  • Special needs trust
  • Statutes and Cases for Appellants
    • Administrative consistency cases
    • Key MUTC provisions
    • Massachusetts trust cases
    • Non-Massachusetts trust cases
  • Superior Court proceedings
    • Superior Court loss
    • Superior Court motion for judgment available
    • Superior Court victory
      • issue: power to substitute assets
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