- Appeal is whether the PPA should be reduced to reflect an increase in the MMMNA for the community spouse. Appeal denied.
- MassHealth denied the Appellant’s application for long term care benefits due to excess assets. Ordered to allocate all income (minus PNA) and excess assets to the Community Spouse and to establish eligibility date consistent with the application date.
- Denied initially because assets were determined to exceed the limit for MassHealth. In appeal, out-of-state real estate held in the appellant’s spouse’s name is determined to be inaccessible and non-countable at this time. Therefore, appellant is eligible for MassHealth.
The HR Realty Trust is in fact revocable by appellant because she is the Settlor, regardless of her resignation as Trustee; appellant and her late husband removed the property from the HR Trust on May 20, 2004, and deeded the property back to themselves as tenants by the entirety so that they could obtain a mortgage; home is countable asset.
Rehearing: MassHealth was correct in determining that the appellant’s assets exceed the limit for MassHealth Standard long term care benefits; MassHealth was correct in its determination there was an impermissible transfer of assets.