Disqualifying transfer of $53,703 after appellant sold her home and deposited the proceeds into her grandson’s checking account; grandson cured a portion of this transfer and the ineligibility period was revised; no documentation to support grandson’s claim that he paid appellant’s expenses out of the proceeds from the home sale due to the insufficiency of her income to make ends meet; hearing officer concluded transfer was gift with no fair market value compensation received in return; also concluded there was intent to qualify for MassHealth.
Category: Intent to qualify
Transfer of $43,000 was for less than fair market value and was not for purpose other than to qualify for MassHealth; Appellant claimed it was for repayment for work performed on Appellant’s home but no evidence was presented to establish this fact.
Appellant transferred assets during look-back period; disqualifying transfer; transfers not made for fair market value; evidence needs contemporaneous third party independent corroboration to be persuasive; appellant’s age and health did not support argument that transfers were made for purposes other than qualifying for MassHealth.
- Issue is whether MassHealth was correct in determining that the appellant had given away real estate in part to qualify for MassHealth benefits. Appeal denied.
- Issue is whether MassHealth was correct in denying coverage prior to a date due to resource transfers. MassHealth ordered to rescind the notice and determine MassHealth eligibility without regard to the resource transfers.
- Issue is whether MassHealth was correct in determining that the appellant transferred an amount for less than fair market value resulting in a MassHealth ineligibility period. Appeal denied.
- Appeal is whether MassHealth was correct in determining that Appellant made disqualifying transfers during the look-back period and in calculating the period of ineligibility. MassHealth ordered to adjust the total amount of the disqualifying transfer to reflect the amount determined permissible and the amount of the partial cure. Then ordered to redetermine the period of disqualification in accordance with the adjusted impermissible transfer figure.
- Appellant recently gave away or sold assets to become eligible for MassHealth long term care services creating a period of ineligibility. Appeal denied.
- Appellant denied for LTC benefits because she did not give MassHealth the information it needed to decide her eligibility within the required time frame. A disqualifying transfer of resources was found as the appellant recently gave away or sold assets to become eligible for MassHealth services. This transfer created a period of ineligibility.
No evidence presented to show that the appellant received fair market value at the time she made the transfers to her son; the payments were done in advance of the services being provided by the appellant’s son; there was no testimony or evidence to demonstrate that this is a typical practice of property management; it is difficult to conclude that the transfers were made exclusively for a purpose other than to qualify for MassHealth when the appellant demonstrated that a contract was entered into after entering a facility and payments were made in advance of services being provided.