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…