Community spouse refused to cooperate; assets have been kept separate; appellant is mentally incompetent and cannot assign to MassHealth any rights to support from her community spouse; application cannot be denied based on spouse’s refusal to cooperate.
Category: At Issue in Fair Hearing
Appeal 1701267
- MassHealth determined that appellant is not eligible to receive MassHealth benefits due to excess countable assets. Ordered to rescind notice, re-open application, and determine the appellant’s eligibility based on the determination that the excess asset amount is now $0.
Appeal 1708238
- 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.
Appeal 1705944
- Issue is whether MassHealth was correct in determining the appellant’s MassHealth benefits start date. Appeal approved to change the appellant’s start date.
Appeal 1705424
- Issue is whether MassHealth was correct in denying the appellant’s application for failure to provide information necessary to complete the application. The appeal is approved in part to ensure the appellant receives proper notice of the items that remain outstanding as several are either new or not clearly defined in the initial request.
Appeal 1706559
- Issue is whether MassHealth was correct in determining that the appellant’s spouse’s assets exceed the limit for MassHealth. Other issue is whether the appellant is allowed to retain the excess assets in order to meet her MMMNA. Appeal is approved.
Appeal 1708218
Property was transferred before look-back period; attorney’s failure to timely register sale not fatal; evidence was that appellant intended to surrender control of property prior to look-back period.
Appeal 1703222
- 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 1601683
Community spouse refused to cooperate; appellant lacked mental ability to assign rights to her spousal support to MassHealth.
Appeal 1601683
- MassHealth denied appellant’s long-term care application for failure to provide requested verifications. Appeal approved. Appellant deemed to have provided sufficient information for MassHealth to determine her eligibility.
MassHealth Appeals 