Appeal 0917330

Fair Hearing Decision 0917330

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.

Appeal 0807837

Fair Hearing Decision 0807837

APPROVED IN PART as to the transferred resources for which appellant received fair-market value, and DENIED IN PART as to the remaining transfers; $1,000.00 transfer to appellant’s granddaughter was a disqualifying transfer; Appellant has not received something tangible with intrinsic value for this exchange; majority of receipts submitted are for normal personal expenses such as groceries, restaurants, moving-related expenses, prescription medication, doctors’ co-payments, parking for medical appointments, and clothing; reimbursement for all of these expenses is reasonable, and that appellant received fair-market value for the reimbursed funds.

Appeal 0801478

Fair Hearing Decision 0801478

The value or projected payments from the appellant’s annuity is less than the value of the transferred asset (purchase price); MassHealth determined the amount of the disqualifying transfer based on the actuarial value of the annuity compared to the appellant’s life expectancy using life expectancy tables determined by MassHealth, giving due weight to the life expectancy tables of institutions in the business of providing annuities.