Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 520.000 - MassHealth: Financial Eligibility
Section 520.006 - Inaccessible Assets
Universal Citation: 130 MA Code of Regs 130.520
Current through Register 1531, September 27, 2024
(A) Definition. An inaccessible asset is an asset to which the applicant or member has no legal access. The MassHealth agency does not count an inaccessible asset when determining eligibility for MassHealth for the period that it is inaccessible or is deemed to be inaccessible under 130 CMR 520.006.
(B) Examples of Inaccessible Assets. Inaccessible assets include, but are not limited to,
(1) property, the ownership of
which is the subject of legal proceedings (for example, probate and divorce
suits); and
(2) the cash-surrender
value of life-insurance policies when the policy has been assigned to the
issuing company for adjustment.
(C) Date of Accessibility. The MassHealth agency considers accessible to the applicant or member all assets to which the applicant or member is legally entitled
(1) from the date of application or
acquisition, whichever is later, if the applicant or member does not meet the
conditions of 130 CMR 520.006(C)(2)(a) or (b); or
(2) from the period beginning six months
after the date of application or acquisition, whichever is later, if
(a) the applicant or member cannot
competently represent his or her interests, has no guardian or conservator
capable of representing his or her interests, and the authorized representative
(which may include a provider) of such applicant or member is making a
good-faith effort to secure the appointment of a competent guardian or
conservator; or
(b) the sole
trustee of a Medicaid Qualifying Trust, under
130
CMR 520.022(B), is one whose
whereabouts are unknown or who is incapable of competently fulfilling his or
her fiduciary duties, and the applicant or member, directly or through an
authorized representative (which may include a provider), is making a
good-faith effort to contact the missing trustee or to secure the appointment
of a competent trustee.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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