Appeal 1803454

Fair Hearing Decision 1803454

No evidence that appellant made transfer with intent other than to assist a specific child in need; medical event that caused appellant’s short-term placement in skilled nursing facility was not reasonably foreseeable; intent behind transfers was not to gain MassHealth eligibility.

Appeal 1800094

Fair Hearing Decision 1800094

Transfer of home to trust within look-back period not disqualifying because the trust then sold the home for fair market value, and then proceeds were used to pay for new house in which Appellant had ownership interest; transfer of $42,000 is disqualifying because insufficient evidence to verify that it was repayment for work on the appellant’s former home.

Appeal 1805351

Fair Hearing Decision 1805351

Community spouse did not meet exceptional circumstances criteria for increased Spousal Maintenance Needs Allowance; spouse testified she needed an increase to cover day-to-day bills and to assist her adult disabled child; regulations only allow increase where needs arise from medical condition, frailty, or similar special needs of the community spouse.

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.