Posts tagged "Daley"

Daley v. Secretary of the Executive Office of Health and Human Services, et al.; Nadeau v. Director of the Office of Medicaid (Lawyers Weekly No. 10-092-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-12200 SJC-12205   MARY E. DALEY, personal representative,[1]  vs.  SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES & another.[2]   LIONEL C. NADEAU  vs.  DIRECTOR OF THE OFFICE OF MEDICAID.       Worcester.     January 5, 2017. – May 30, 2017.   Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.     Medicaid.  Trust, Irrevocable trust.  Real Property, Life estate, Ownership.       Civil action commenced in the Superior Court Department on February 11, 2015.   The case was heard by Dennis J. Curran, J., on a motion for judgment on the pleadings.   The Supreme Judicial Court granted an application for direct appellate review.   Civil action commenced in the Superior Court Department on December 23, 2014.   The case was heard by Shannon Frison, J., on a motion for judgment on the pleadings.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Lisa Neeley (Patrick Tinsley also present) for Lionel C. Nadeau. Brian E. Barreira for Mary E. Daley. Ronald M. Landsman, of Maryland, for National Academy of Elder Law Attorneys, Inc. Elizabeth Kaplan & Julie E. Green, Assistant Attorneys General, for Director of the Office of Medicaid & another. Patricia Keane Martin, for National Academy of Elder Law Attorneys (Massachusetts Chapter), was present but did not argue. Leo J. Cushing & Thomas J. McIntyre, for Real Estate Bar Association for Massachusetts, Inc., amicus curiae, submitted a brief.     GANTS, C.J.  These two cases require this court to navigate the labyrinth of controlling statutes and regulations to determine whether applicants are eligible for long-term care benefits under the Federal Medicaid Act (act) where they created an irrevocable trust and deeded their primary asset — their home — to that trust but retained the right to reside in and enjoy the use of the home for the rest of their life.  The Director of the Massachusetts Office of Medicaid (MassHealth) determined that the applicants in these two cases were not eligible for long-term care benefits because their retention of a right to continue to live in their homes made the equity in their homes a “countable” asset whose value exceeded the asset eligibility limitation under the act.  The applicants unsuccessfully challenged MassHealth’s determinations in the Superior Court pursuant to G. L. c. 30A, § 14.  We […]

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Posted by Massachusetts Legal Resources - May 30, 2017 at 3:13 pm

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