Appeal 0806071

Fair Hearing Rehearing Decision 0806071

Rehearing: the annuity is a private agreement that is no more than an unenforceable, unsecured promise that ten monthly payments of $6,264.34 might be made with a return that is $1,356.60 less that the $64,000.00 transferred; the annuity was entered into by appellant (or someone on her behalf) with an entity not licensed in the Commonwealth, making it legally invalid in the state of Massachusetts; because of the agreement’s invalidity, it cannot be found to have fair market value; appellant entered into this agreement solely for the purpose of establishing eligibility for MassHealth.

Appeal 0809900

Fair Hearing Decision 0809900

The caregiver agreement entered into by appellant’s daughter in her capacity as appellant’s power-of-attorney, and appellant’s son as caregiver, is a disqualifying transfer of assets; less than fair market value; no acceptable tangible evidence that appellant received an assisted living level of care in her son’s home.

Appeal 0807837

Fair Hearing Decision 0807837

APPROVED IN PART as to the transferred resources for which appellant received fair-market value, and DENIED IN PART as to the remaining transfers; $1,000.00 transfer to appellant’s granddaughter was a disqualifying transfer; Appellant has not received something tangible with intrinsic value for this exchange; majority of receipts submitted are for normal personal expenses such as groceries, restaurants, moving-related expenses, prescription medication, doctors’ co-payments, parking for medical appointments, and clothing; reimbursement for all of these expenses is reasonable, and that appellant received fair-market value for the reimbursed funds.

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.

Appeal 0801478

Fair Hearing Decision 0801478

The value or projected payments from the appellant’s annuity is less than the value of the transferred asset (purchase price); MassHealth determined the amount of the disqualifying transfer based on the actuarial value of the annuity compared to the appellant’s life expectancy using life expectancy tables determined by MassHealth, giving due weight to the life expectancy tables of institutions in the business of providing annuities.