- 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.
Category: Springfield
Appeal 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
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
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 1106404
At the time of the transfer the appellant was in good health, living on her own and decided to give a gift to her daughter who was having financial difficulties; no evidence the appellant transferred the funds with the intent to apply for MassHealth 3½ years later; the transfer of $10,000.00 was for a purpose other than to qualify for MassHealth and therefore not a disqualifying transfer.
Appeal 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.
Appeal 1001130
Disqualifying transfer; delivery of deed occurred when it was recorded inside the look-back period; appellant claimed to have transferred property before look-back period but deed never recorded; appellant transferred property again in 2007 however, which she would not have been able to do if an earlier transfer had occurred; also there was not evidence of the original deed aside from a copy, nor did the closing attorney testify.
Appeal 0806071
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 