Appeal 1500851

Fair Hearing Decision 1500851

Appellant issued a check to her granddaughter for $17,900; written codification was entered into after the services were rendered, and Appellant did not make contemporaneous payments for the services; Appellant’s granddaughter testified that she did not perform the services for free; rather, she agreed to perform the services and Appellant agreed to compensate her granddaughter at a later date; presented contemporaneous logs as well as the written codification of the agreement signed by Appellant; rebutted the presumption that the services were intended to be provided without compensation.

Appeal 1200340

Fair Hearing Decision 1200340

MassHealth determined that the appellant transferred assets when she paid her son and daughter-in-law for services under a personal care contract; compensation for a variety of personal services; the services she received were not worth the $48,550 that she paid but did have some value; remanded for MassHealth to redetermine the period of ineligibility.

Appeal 1019516

Fair Hearing Decision 1019516

Appellant, her husband and their daughter Rebecca and her husband Todd entered into a caregiver agreement; Appellant paid a lump sum of $50,000 in March 2007 for services that had been provided since September 2005 and were contemplated to continue to be provided for as long as possible into the unknown future; no enforcement mechanism available to appellant since the agreement could have been terminated “for whatever reason”; vague list of potential types of care to be provided with no concomitant hourly, daily, monthly or per-activity payment rate for the care; however, Appellant certainly received fair-market value for her housing and care; it was only a matter of financial circumstances that the $50,000 was not paid contemporaneously with the signing of the agreement in September 2005; thus, appellant’s payment of $50,000 to Rebecca on 3/31/07 was not a disqualifying transfer.

Appeal 0903166

Fair Hearing Decision 0903166

The care agreement is an enforceable contract supported by more than adequate consideration – namely, the earnings the daughter forewent; daughter left her job and gave up far greater earnings and earning potential to stay home with appellant and care for her; Appellant has demonstrated that she received fair-market value for the monies paid to her daughter under the agreement; the daughter was essentially a full-time, live-in care giver.