Optional payments towards principal balance on home equity loan not deducted to calculate MMMNA; required minimum monthly payments are included, and MMMNA is increased accordingly.
MMMNA was lower than what MassHealth calculated and therefore new allowable MMMNA is higher; no spousal deduction from appellant’s income because no extraordinary circumstances; medical expenses and water bill not extraordinary.
- Issue is whether MassHealth was correct in determining the number of CSN hours and PCA hours that are medically necessary for the appellant. MassHealth ordered to remove aid pending and rescind notice. Then send notice of the authorized hours that appellant can receive.
Trust assets are countable; after date of notice of MassHealth ineligibility and prior to appeal hearing appellant transferred assets out of trust for a number of purposes, including to fund a pre-paid irrevocable burial arrangement, and to fund a pooled trust account in her name; transfers made to pooled trust were permissible; transfer to purchase prepaid funeral and burial was also permissible; however, 60-day clock to revise trust to comply with criteria of pooled trust begins when MassHealth issues notice of ineligibility; insufficient information for hearing officer to determine whether additional amounts transferred out of trust were permissible.
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.
MMMNA should be increased because adjustments are needed in the calculations; no exceptional circumstances.
- Issue is whether MassHealth was correct in determining that Appellant made disqualifying transfers during the look-back period and in calculating the period of ineligibility. MassHealth ordered to adjust the total amount of the disqualifying transfer and to redetermine the period of disqualification in accordance with the adjusted impermissible transfer figure.
- Issue is whether MassHealth was correct in denying the appellant’s application for failure to provide information necessary to complete the application. The appeal is approved in part to ensure the appellant receives proper notice of the items that remain outstanding as several are either new or not clearly defined in the initial request.
- Appeal is whether MassHealth was correct in determining that Appellant made disqualifying transfers during the look-back period and in calculating the period of ineligibility. MassHealth ordered to adjust the total amount of the disqualifying transfer to reflect the amount determined permissible and the amount of the partial cure. Then ordered to redetermine the period of disqualification in accordance with the adjusted impermissible transfer figure.
- 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.