Amicus Briefs and Featured Fair Hearing Decisions

Amicus Briefs Filed by MassNAELA

***Click on the case name to view the MassNAELA’s Amicus Brief***

• Lionel C. Nadeau v. Director of the Office of Medicaid and Mary E. Daley, personal representative v. Secretary of the Executive Office of Health and Human Services (Whether the settlor is entitled to MassHealth long-term care benefits where the settlor’s former residence is held in an irrevocable trust. Oral Argument, January 5, 2017)
  • Decision: Click Here
• Estate of Jacqueline Ann Kendall v. Executive Office of Health and Human Services (Claim against late and limited estate. Oral Argument, October 5, 2020)
  • Decision: Click Here
• JoEllen Guilfoil, as Personal Representative of the Estate of Dorothy E. Frank v. MaryLou Sudders, Secretary of the Executive Office of Health and Human Services (Whether real estate transferred to a nominee trust can be treated as countable similar to a revocable trust. Oral Argument, October 7, 2020)
  • Decision: Click Here
• Cynthia Trocki as Personal Representative for the Estate of Stephen Pekala v. Executive Office of Health and Human Services (Whether MassHealth can recover for the full capitated premium paid to a Senior Care Options provider. Oral Argument, April 6, 2021)
  • Decision: Click Here
• Patricia A. Fournier as Personal Representative for the Estate of Emily Misiaszek v. MaryLou Sudders, Secretary of the Executive Office of Health and Human Services (Whether the power to appoint income and principal to a non-profit makes the trust corpus in an IIOT an asset available to a MassHealth applicant. Oral Argument, April 7, 2021)
  • Decision: Click Here
• Kevin Hornibrook, personal representative v. Cherilyn Richard & another (Whether a court appointed conservator acting under a court approved license to sell is entitled to quasi judicial immunity. Oral Argument, February 5, 2021)
  • Decision: Click Here
• Regan Stempniewicz Barbetti & another v. EdwardStempniewicz & others (Whether, pursuant to the Massachusetts Uniform Trust Code, an individual may delegate the power to create a trust to an agent through a power of attorney; and whether, if the power to create a trust is delegable, the power of attorney must specifically authorize the creation of a trust. Oral Argument, January 5, 2022)
  • Decision: Click Here
• Dermody v. Executive Office of Health and Human Services and Executive Office of Health and Human Services v. Mondor (Whether the Commonwealth is entitled to remaining proceeds of a spousal annuity purchased with spousal assets where the institutionalized spouse received MassHealth long-term care benefits and the community spouse dies before the annuity has made all payments. Oral Argument, February 2, 2022)
  • Dermody Decision: Click Here
  • Mondor Decision: Click Here
  • MassNAELA Amicus in support of Writ of Certiorari: Click Here

• In the Matter of: Frances R. Mason (1. Whether a lien recorded by MassHealth on real property owned by a Medicaid recipient who is institutionalized, pursuant to G. L. c. 118E, § 34, dissolves automatically on the recipient’s death by operation of G. L. c. 118E, § 31 (d). 2. Whether the three-year limitations period provided in G. L. c. 190B, § 3-108, applies retroactively to bar MassHealth’s claim against the estate of a decedent who died before the effective date of the Massachusetts Uniform Probate Code, where probate was commenced more than three years after that effective date. Oral Argument, September 13, 2023)
  • Decision: Click Here
• Holly T. Freiner vs. Marylou Sudders (Whether 42 U.S.C. § 1396r-5(c)(3) and 130 Code Mass. Regs. § 517.011 permit MassHealth and the Commonwealth’s Office of Medicaid Board of Hearings to deny long-term care benefits to an institutionalized spouse, who has assigned to MassHealth his rights to support from a community spouse, on the basis of a determination that the community spouse’s refusal to cooperate is not genuine. Oral Argument, February 7, 2024)
  • Decision: Click Here

Featured Fair Hearing Decisions

• Appeal No. 2179509 – Contiguous Property Non-Countable – (2022) At issue:  130 CMR 520.008(A) – “home of the applicant…and any land appertaining to the home” are non-countable. POMS is appropriate sub-regulatory guidance to define “appurtenant.”  Conclusion: real estate contiguous to applicant’s primary residence and any buildings thereon, are non-countable, regardless of use or fact that parcels are on separate deeds, with separate tax bills, as they “appertain to the appellant’s home.”
  • Contributed by: Kate Downes, Esq.
  • Summarized by: Kate Downes, Esq.
• Appeal No. 1945382 – Frail Elder Waiver (LTC-Insurance non-countable as income) – (2021) In this appeal MassHealth notified a member that was receiving benefits under the Frail Elder Waiver, that they intended to terminate benefits because the member’s income exceed the income limit for the program. MassHealth include the member’s Long-Term Care Insurance reimbursement when calculating the member’s income. The Hearing Officer ruled that payments from a Long-Term Care Insurance policy are not countable income for MassHealth benefits under the Frail Elder Waiver, because they are reimbursement for medical services that were paid for by the MassHealth Member an exception.
  • Contributed by: Lisa Neeley, Esq.
  • Summarized by: Clarence Richardson