Fair Hearing Rehearing Decision 1401492
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.
The evidence does not support that the Contract is valid and binding or for fair market value; additionally, there is ample evidence that the transfer was not done exclusively for a purpose other than to qualify for MassHealth; no evidence to support the claim that appellant received care 24/7 from 2003 through to her admission in 2009 that could account for the total amount transferred in the period of that time the transfers occurred.
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.
MassHealth Appeals 