Appeal 1009905

Fair Hearing Decision 1009905

Appellant’s withdrawal is a disqualifying transfer; intent and lack of fair market value consideration; appellant had intent to qualify for MassHealth because she was in declining health at the time of the transfer, evidenced by the sale of her home and the need to enter an assisted living center.

Appeal 0804275

Fair Hearing Decision 0804275

Appellant made a disqualifying transfer of the value of his half of the property, or $250,000.00, as the transfer precluded MassHealth from placing a lien on it; the action taken, removing the appellant as a joint owner of the property, made it impossible for MassHealth to place a lien on it; MassHealth would have been entitled to a lien because neither the appellant nor his spouse lived in it at the time of application; the appellant did not receive anything for the transfer, thus it is disqualifying; given the proximity between the appellant’s application and the transfer, only a few weeks, qualifying for MassHealth was a factor, thus satisfying the intent requirement.