Appeal 1818021

Fair Hearing Decision 1818021

Reason for planned discharge not supported by documentation of testimonial evidence; facility did not demonstrate that appellant’s behavior endangers others; documentation provided by facility does not support reason for discharge; at the hearing the facility did not address the discharge plan to the shelter nor did it provide information about how appellant could be cared for in the community setting.

Appeal 1700439

Fair Hearing Decision 1700439

  • Appellant recently gave away or sold assets to become eligible for MassHealth long term care services creating a period of ineligibility. MassHealth ordered to reduce the disqualifying transfer amount by the remaining amount of tax liability paid by the appellant’s daughter and the tax preparation fee. The period of ineligibility is ordered to be redetermined based on the new disqualifying transfer amount.

Appeal 1600798

Fair Hearing Decision 1600798

  • Appellant denied for LTC benefits because she did not give MassHealth the information it needed to decide her eligibility within the required time frame. A disqualifying transfer of resources was found as the appellant recently gave away or sold assets to become eligible for MassHealth services. This transfer created a period of ineligibility.

Appeal 1502486

Fair Hearing Decision 1502486

Disqualifying transfer; appellant was the income beneficiary of a Trust that terminated in the same month she was admitted to the nursing facility; termination of the Trust was an action that was “taken to avoid receiving a resource to which the nursing ­facility resident or spouse is or would be entitled if such action had not been taken.”

Appeal 1407261

Fair Hearing Decision 1407261

Even though the facility has provided notice of an outstanding balance, it is premature to conclude that there has been a failure to pay while Appellant’s MassHealth application remains open; no evidence in the record to show that the residence is a safe and appropriate place for Appellant, nor evidence that the facility has provided sufficient preparation and orientation to Appellant to ensure a safe and orderly discharge to the residence.

Appeal 1204083

Fair Hearing Decision 1204083

Transfer took place before look-back period; delivery of deed took place in 2005 even though only recorded in 2009; deed executed in 2005 and appellant told granddaughters that it was in safe deposit box; since 2005 granddaughters have maintained property and acted as owners.

Appeal 1106530

Fair Hearing Decision 1106530

Transfer took place before look-back period; deed was delivered to son earlier even though only recorded later; attorney testified to appellant’s earlier delivery of the deed to her son and informing him that it was a completed gift; transferred remainder interest and retained life estate.