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  • MassHealth vs. Irrevocable Trusts – a Concerning Trend

    By Winston Law Group in Elder Law, Medicaid (Masshealth)

    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…

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  • From Nursing Home to Community Living – Could This Work for You?

    By Winston Law Group in Elder Law, Medicaid (Masshealth)

    Given the number of options available for at-home care and financial assistance from state Medicaid (called MassHealth or CommonHealth in Massachusetts) programs, we are now seeing a growing trend of nursing home residents regaining their independence and transitioning back into the community. This is a very attractive possibility for those individuals needing an increased level of care at some point in their life, but do not wish to permanently reside in a nursing home setting. Both

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  • Maintaining Medicare Skilled Nursing Facility Coverage

    By Winston Law Group in Elder Law, Public Benefits Eligibility

    Following a hospital inpatient stay of at least three days, Medicare will pay for care in a skilled nursing facility (SNF) for up to 100 days for each period of coverage. This is often called “rehabilitation” coverage and can be provided in a dedicated rehabilitation facility, certain parts of some hospitals, or in some facilities that also provide nursing home care. The purpose of this type of care is to transition the patient back to as much an independent level of self-care…

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  • How Senior Care Options (SCOs) Can Benefit You

    By Winston Law Group in Medicaid (Masshealth), Medicare

    What is Senior Care Options?

    Low income seniors may be eligible for MassHealth Standard for comprehensive medical coverage. Seniors may also have Medicare Parts A and B, as well as supplemental health insurance, such as Blue Cross/Blue Shield or Tufts. Together, these segregated plans provide essential medical coverage to seniors with limited means.

    But are multiple layers of health insurance the best health care plan for a particular senior? Often times the answer is no. A Senior Care…

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