At the time of the transfer the appellant was in good health, living on her own and decided to give a gift to her daughter who was having financial difficulties; no evidence the appellant transferred the funds with the intent to apply for MassHealth 3½ years later; the transfer of $10,000.00 was for a purpose other than to qualify for MassHealth and therefore not a disqualifying transfer.
Category: Brook Padgett
Appeal 1009605
Community spouse has gross monthly income of $1,061.50 and MassHealth has calculated an MMMNA of $2,191.00; regulations dictate MassHealth consider the institutionalized spouse’s income for the community spouse when there is a shortfall between the community spouse’s income and the MMMNA; appellant or institutional spouse has income of $1,628.52 (after subtraction of the appellant’s health insurance of $113.20 and his personal needs allowance of $72.80); community spouse retains $1,129.50 of the institutional spouse income to meet the MMMNA; the PPA is correct.
Appeal 1001130
Disqualifying transfer; delivery of deed occurred when it was recorded inside the look-back period; appellant claimed to have transferred property before look-back period but deed never recorded; appellant transferred property again in 2007 however, which she would not have been able to do if an earlier transfer had occurred; also there was not evidence of the original deed aside from a copy, nor did the closing attorney testify.
MassHealth Appeals 