Transfer of resources for less than fair market value; appellant retained access to assets in irrevocable trust; trustee then distributed trust assets to children; appellant and spouse changed beneficiaries of spouse’s IRAs to children; spouse passed away 17 days later; not relevant whether trustee was exercising fiduciary duty.
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.
Appellant transferred $13,858 for less than fair market value; ineligibility period of 40 days; eleven transfers made to appellant’s daughter while she was resident in nursing facility knowing she would need funds to provide for her care; daughter could not show evidence that transfers were reimbursements for money she had spent on behalf of appellant.
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 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 and 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 purchased an annuity that lasts beyond the appellant’s life expectancy, and therefore made a disqualifying transfer of assets resulting in a period of ineligibility. Appeal denied.
- Appellant’s long-term care application denied because MassHealth determined there had been a disqualifying resource transfer (this resulted in an ineligibility period). The transfer was an annuity which was a private, inter-family, unsecured agreement found to be disqualifying.
Transfers were for less than fair market value; appellant’s brother did not possess a present life estate interest in the trust; the amount transferred to him upon the sale of the property was a disqualifying transfer.