The expenses presented by the community spouse included uncovered medical expenses incurred due to her heart and other medical conditions; an adjustment was made to accommodate the medical conditions and special needs of the community spouse.
Category: Taunton
Appeal 0903166
The care agreement is an enforceable contract supported by more than adequate consideration – namely, the earnings the daughter forewent; daughter left her job and gave up far greater earnings and earning potential to stay home with appellant and care for her; Appellant has demonstrated that she received fair-market value for the monies paid to her daughter under the agreement; the daughter was essentially a full-time, live-in care giver.
Appeal 0804275
Appellant made a disqualifying transfer of the value of his half of the property, or $250,000.00, as the transfer precluded MassHealth from placing a lien on it; the action taken, removing the appellant as a joint owner of the property, made it impossible for MassHealth to place a lien on it; MassHealth would have been entitled to a lien because neither the appellant nor his spouse lived in it at the time of application; the appellant did not receive anything for the transfer, thus it is disqualifying; given the proximity between the appellant’s application and the transfer, only a few weeks, qualifying for MassHealth was a factor, thus satisfying the intent requirement.
MassHealth Appeals 