Appeal 1217117

Fair Hearing Decision 1217117

MassHealth determined that appellant’s income flow from the 10-year fixed period annuity is less than it should be based on her life expectancy of 7.59 years; because the current monthly annuity payments do not satisfy 130 CMR 520.007(J)(1) there is a disqualifying transfer of assets; over appellant’s life expectancy she has been and will continue to receive a total of $2051.12 less than the value of the premium paid; $2051.12 represents a disqualifying transfer.

Appeal 1112754

Fair Hearing Decision 1112754

Transfers to appellant’s son of $551,466.94 from appellant’s bank accounts between 6/20/08 and 5/12/10 as well as the payment of $107,433.98 to the son from proceeds of the sale of appellant’s residence on 12/01/10 are disqualifying transfers of a total of $658,900.92; there is no evidenced benefit received by appellant or her spouse for the transfer of $658,900.92 to the son over a two year period; the multiple transfers of money constitute outright gifts and thus multiple disqualifying transfers.

Appeal 1010857

Fair Hearing Decision 1010857

Appellant had been in the nursing home nearly 4 months when $36,312.50 was withdrawn from her Seamen’s account to “pay” her friend and attorney-in-fact “for services rendered pursuant to the DPOA”. MassHealth considered the money a gift and thus, a disqualifying transfer; no written agreement to pay for any services rendered; JK was acting as appellant’s trusted friend and there was no agreement that she would be paid to provide any personal care services within or outside of the four corners of the DPOA; the activities provided by JK for appellant do not have an ascertainable fair-market value.