Planning for Life

Now or Never, MassHealth to Close Door on Pooled Disability Trusts

Posted by Harry S. Margolis on September 17, 2019

By Harry S. Margolis

pooled-trusts-2019-Margolis-and-Bloom-Wellesley

Nursing home residents and their families have long used pooled disability trusts to shelter funds for their future needs that are not covered by MassHealth. These may include extra therapies or medical care, entertainment, hiring geriatric care managers, or the costs of maintaining a home. The funds can also be used to pay nursing homes for any gaps in coverage by MassHealth that sometimes occur.

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Topics: MassHealth, disqualifying transfer, pooled disability trust

Court Faults "Arbitrary and Capricious" MassHealth Hearing Decision

Posted by Harry S. Margolis on December 26, 2018

By Harry S. Margolis

iStock-961872286

In the case of Pauline Coko vs. Daniel Tsai, Director of the Office of Medicaid (Essex Sup. Ct. CA No. 2018-00071-A, December 13, 2018), Judge Timothy Q. Feeley faults the arbitrary and capricious conduct of a MassHealth hearing officer in imposing a 193-day transfer penalty for four transfers by Pauline Coko totaling $68,632 in value.

Disqualifying Transfers

The transfers in question included a deed of Mrs. Coko's life interest in her home to her daughter, two disbursements from Mrs. Coko's bank account, and the gift of her 2003 Mitsubishi valued at $1,365 to a granddaughter.

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Topics: MassHealth, disqualifying transfer

Promissory Notes and Medicaid Planning - Massachusetts

Posted by Harry S. Margolis on April 15, 2013

elderly-mother-transfers-home-Medicaid

Photo by K. Mitch Hodge on Unsplash

By Harry S. Margolis

A case out of Oklahoma, Lemmons v. Lake (U.S. Dist. Ct., W.D. Okla., No. CIV–12–1075–C, March 21, 2013), highlights how promissory notes may be used in Medicaid ("MassHealth" in Massachusetts) planning.

The Facts of the Case

Juanita Lemmons, transferred her farm and her Edwards Jones investment account to her son, Gary Lemmons, in exchange for a promissory note in the amount $84,600, and immediately thereafter applied for Medicaid coverage. A promissory note is a contract to pay a certain amount of money at specified times.

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Topics: MassHealth planning, disqualifying transfer, promissory note

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