Category Archives: MassHealth

MCLE Webinar on 7/18 to discuss the Daley and Nadeau decisions and their implications for irrevocable trusts and Medicaid planning

Lisa Neeley will be speaking about her role as lead counsel in the Nadeau case as well as offering her thoughts on the future of Medicaid planning in Massachusetts. Click here for more information and to register for the Webinar.

Posted in Elder Law, Estate Planning, MassHealth

The New York Times brings Medicaid home

Check out “You’re Probably Going to Need Medicaid” in The New York Times for an interesting read on the relevance of Medicaid.

Posted in Elder Law, MassHealth

SJC rules on Nadeau and Daley cases

Today the Massachusetts Supreme Judicial Court issued its decision in the cases of Nadeau v. Director of the Office of Medicaid and Daley v. Secretary of the Executive Office of Health and Human Services. In the unanimous decision, the SJC held … Continue reading

Posted in Elder Law, Estate Planning, MassHealth

Lisa Neeley’s article published in National Academy of Elder Law Attorneys Spring 2017 NAELA Journal

The NAELA Journal Spring 2017 issue includes Lisa Neeley’s article Limiting State Medicaid Agency Attempts to Expand the “Any Circumstances” Test: An Analysis of Massachusetts’ Multiyear Legal Battle Over the Use of Irrevocable Trusts in Long-Term Care Planning. The article explores the … Continue reading

Posted in Elder Law, Estate Planning, MassHealth

Converting Medicaid to a block grant program will hurt seniors and the disabled

Recently, there has been much discussion in the news about the possibility of Congress radically altering the Medicaid program by converting it into a block grant system. Such a change would convert Medicaid into a system in which each state … Continue reading

Posted in Elder Law, MassHealth

Promissory Notes and MassHealth Planning

Promissory notes are a tool that attorneys have relied on in MassHealth planning. A promissory note is essentially a written promise to pay someone a certain amount of money at a certain time. In this post, I use one of … Continue reading

Posted in Elder Law, MassHealth

Your Medicaid Application Was Denied. Now What?

As elder law attorneys, it is our goal to have each and every client’s Medicaid application to receive MassHealth benefits ultimately approved. However, the reality is that in some cases, an application may initially be denied. Applications are denied for … Continue reading

Posted in Elder Law, MassHealth

MassHealth’s Proposed Changes to Pooled Trusts Highlighted in The Boston Globe

The Boston Globe recently published an article concerning MassHealth’s proposed regulatory ban for transfers of assets to pooled trusts for individuals over the age of 65. The article profiles a typical client who might use a pooled trust, an elderly … Continue reading

Posted in Elder Law, MassHealth, Pooled Trusts

Oral Arguments in Nadeau v. Thorn

The oral arguments in Nadeau v. Thorn were heard by the Massachusetts Supreme Judicial Court last week on January 5, 2017. Mirick O’Connell’s Lisa Neeley argued on behalf of the Appellant, Lionel C. Nadeau. Please click here to view the arguments. … Continue reading

Posted in Elder Law, Estate Planning, MassHealth

Massachusetts Supreme Judicial Court to hear oral arguments in two Medicaid eligibility cases involving irrevocable trusts

On January 5, 2017, the highest court in Massachusetts will hear oral arguments in two cases concerning the use of irrevocable trusts in Medicaid planning and denials of long-term care benefits. A synopsis of each case is provided below:

Posted in Elder Law, MassHealth, Trusts