Law Offices of Timothy R. Loff

In Massachusetts, as mandated by the Federal government, if you die with a probate estate (assets in your own name), and have received MassHealth benefits at any time after age 55, or at any time during your life if you end up in a nursing home, MassHealth can recover the benefits paid from your estate. Two recent developments and a proposed law are important to know. In the last few years, the use of Senior Care Option and PACE programs, which provide complete health care to elders in need, began expanding. While these can be great programs, what wasnt known is that MassHealth, who pays premiums to private companies that provide these programs, will seek estate recovery for these premiums (as much as $3000 per month), after the death of the MassHealth recipient. This could mean a substantial lien against the home or other assets of a MassHealth recipient. Once this became clear, Elder Law attorneys went to Court and obtained a ruling that MassHealth can only collect these premiums if they give Notice to beneficiaries in advance. You may have received such a notice if you are receiving or have received MassHealth benefits. At the same time as this was going on, Elder Law attorneys and advocates put a bill together and filed it with the Massachusetts legislature to make changes to Estate Recovery laws to make it fairer and limit Estate Recovery to only those things the Federal government mandates. This bill is pending. As a result of both advocacy and the filing of the Estate Recovery bill, MassHealth made revisions to their own regulations this last fall. These revisions expand exemptions to avoid Estate Recovery (no estate under $25,000 is subject to Estate Recovery, Caretakers), and deferments to collection of Estate Recovery (spouses, deaf and disabled children). If you or a loved one need or are receiving MassHealth benefits, you may want to consult an Elder Law Attorney to see how these changes in Estate Recovery may affect you.   This article was submitted by Estate and Elderlaw Attorney Timothy R. Loff, Esq. of the Law Offices of Timothy R. Loff, Newton, 617-332-7021 or information@lofflaw.com.