Recent Superior Court Decision Significantly Revises MassHealth Regulations Regarding Five-Year CD Rates
A recent Massachusetts Superior Court decision (Grant v. Office of Medicaid, Superior Court Civil Action No. 05-1884-D) favorably revises MassHealth regulations to permit some spouses of nursing home residents to keep more assets.
In the Grant case, four MassHealth recipients and their spouses challenged the interest rate the Office of Medicaid uses, according to the regulations (see MassHealth Regulation 130 CMR 500.017(C)) , to actually determine how much savings they may keep to generate necesssary income. They argued that the regulations required the couples to contribute more than what is "available" to them, in income and assets, to the cost of long-term nursing home care.
This favorable Superior Court decision grants plaintiffs the right to use their actual rate of return instead of the deemed interest rate applicable to five-year certificates of deposit. The Court found the rates used by the Office of Medicaid were unrealistically high and not based on actual interest income available to elderly couples, and therefore contrary to law. This change can be a significant benefit to lower income spouses of nursing home residents.
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Bay Cove Honors Lyn Lygere for Recovery and Service at "Pearl of the Evening" Event
On Thursday, May 17, Bay Cove held their annual "Pearl of the Evening" event, to honor volunteers and raise funds for future endeavors. At the honorary dinner, a Boston native, Lyn Lygere, who has battled addiction and mental illness since she was a teenager, was recognized for her strength and work with others in recovery.
Lygere serves as director of peer and recovery at Bay Cove Human Services which helps more than 12,000 others struggling with addiction, mental illness and developmental issues, on their own path to recovery, to formulate treatment plans and goals towards healthy living.
Click here for the full Boston Herald article. |
MassHealth Application Revised to Include Commonwealth as Possible Annuity Beneficiary
 As of April 2007, the Office of Health and Human Services has revised the Senior Medical Benefit Request application for seniors and those needing long-term care services. The most signficant revision is adding language on the signature lines on page 10 to state "I also understand that the Commonwealth may become a remainder beneficiary of any annuity bought by either the individualized person or their spouse." The revised application form is available at the link below and can be printed or completed on-line.
Click here for access to MassHealth Application forms. |
