Practice Area: Elder Law
Outcome: First child caregiver contract case to win against the state Medicaid agency, the Office of MassHealth, in Superior Court.
Description: First Caregiver Child Contract Case to prevail in Massachusetts against the state Medicaid agency, the Office of MassHealth. Daughter took care of her mother in daughter's own home for six years in exchange for $150,000 pursuant to a Caregiver Contract. The Commonwealth of Massachsuetts Medicaid office (Office of MassHealth) and the Board of Appeals erroneously, arbitrarily and capriciously determined the payment to be a gift and denied the mother's Medicaid (MassHealth) application for benefits to pay for nursing home care. At trial, we successfully demonstrated that the payment was a transfer for fair market value. The Court determined the Commonwealth's Office of MassHealth decision and the Board of Hearing decision to be "arbitrary and capricious" and ""unsupported by substantial evidence".