September 2012

Burial Trusts Under Attack from MassHealth

MassHealth’s legal department has recently become issuing opinion letters to the MassHealth case workers stating that assets in burial trusts are countable assets, which is in clear contradiction to the regulations.  In the MassHealth appeal 120957, the fair hearing officer writes “Without reviewing the specific life insurance policies or the funeral trust in this case, MassHealth’s legal unit has concluded, according to the MassHealth representative, that it “isn’t accepting burial trusts anymore.”   This is a

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