MassHealth vs. Irrevocable Trusts – a Concerning Trend

What is happening?

There has been a concerning trend with MassHealth’s treatment of irrevocable trusts. What once was a reliable asset protection strategy has now become a minefield of adverse and unlawful MassHealth decisions that result in benefit ineligibility.

In a nutshell, MassHealth caseworkers and hearing officers are denying MassHealth applicants eligibility because they are interpreting many irrevocable trusts to be countable. For example, MassHealth may deny…