MassHealth Hearing
N/AOUTCOME: $100,000 decision in favor of client.
A local Nursing Home referred a client whose mother had been denied benefits for Long Term Care by MassHealth for a disqualifying transfer of assets for less than fair market value. The mother transfer ... red her home to her children in 2009. Approximately one year prior to her death in 2016, the mother invested over $100,000.00 to renovate and repair the home so she could remain living there. Weeks after the renovations and repairs were finalized, the mother was no longer able to remain in the home as a result of rapidly declining health. MassHealth considered the money spent for repairs and renovations a disqualifying transfers for less than fair market value because the mother had to move from the home weeks after the repairs were finalized. As a result, MassHealth would not pay for her stay in the Nursing Home and costs accumulated to total more than $100,000.00. The Nursing Home tried to hold the children responsible for the nursing home costs. Atty. Sullivan petitioned the Court to appoint a Personal Representative for the mother’s estate and requested a MassHealth fair hearing to dispute the denial of benefits. At the hearing Atty. Sullivan presented evidence to show that all renovations were done for the benefit of the mother and her intention was to remain in the home. MassHealth reversed their decision, the Nursing Home was paid, and the children kept the home.
