The M&B Weekly     
March 25, 2013  
 
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Jane Dobisz
In this issue...
Hardship Claim Against Estate Recovery Rejected for Failure to Provide Documentation
Attorney D'Agostino to Speak at Springhouse in Presentation for Social Workers
Register for the 32nd Annual Brain Injury Service
Job Openings at Margolis & Bloom
  
(617) 267-9700

 

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Hardship Claim Against Estate Recovery Rejected for Failure to Provide Documentation

In the case of Executive Office of Health and Human Services v. Heinmets (Mass. Ct. App., No. 12-P-844, March 13, 2013), the Massachusetts Appeals Court upholds a trial court ruling in favor of MassHealth's claim for estate recovery in the amount of $152,245.47 against the estate of Frances Heinmets.
Mrs. Heinmets received MassHealth coverage of her nursing home care from 2006 until her death in 2009. After she passed away, the state asserted its claim against the estate, which the executor disallowed.  However, in doing so, the estate did not follow the requirements for an undue hardship waiver under G.L. c. 118E, � 31( b )(3), and 130 Code Mass. Regs. � 515.011(D).

That statute and regulation permit a waiver of the state's claim for MassHealth reimbursement when an heir who (1) is living in the house, (2) lived there for at least a year before the decedent began receiving MassHealth, and (3) and has income below 133% of the poverty limit.
 
Estate recovery will also be postponed as long as a disabled child is living in the house.  Documentation that these conditions exist must be provided to MassHealth within 60 days of MassHealth making its claim for reimbursement.
 

In this case, such documentation was not provided within the 60 days and accordingly both the trial and appeals courts rule that Mrs. Heinmets' children cannot qualify for either a waiver or postponement of the state's claim.  The record is not clear as to whether they do qualify for either exception, though presumably they do or they would not have pursued this appeal.  In this case, this may, unfortunately, be a situation of form over function -- of the regulation's system for determing eligibility for a hardship waiver defeating the interest of the statute to provide a waiver where hardship truly exists.


Click here to read the decision.  
Patricia C. D'Agostino to Speak at Springhouse -- CEUs Available for Social Workers
 
Join Patricia C. D'Agostino who will speak on "Eligibility Options for Community MassHealth" on Wednesday, April 3rd, from 8:00 to 9:30 a.m. at Springhouse located at 44 Allandale Street, Boston.  Topics will include Home and Community Based Waiver, Personal Care Attendants and Senior Care Options.
  
Social Workers will receive Continuing Education Credits, and breakfast will be provided. 
  
To register please call Karen Pollack at (617) 971-1678 or email her at [email protected].  Seating is limited. 
Register for the 32nd Annual Brain Injury Conference

 


This Thursday, March 28th, the Brain Injury Association of Massachusetts will be sharing the latest innovative services, programs and treatments.  Workshops include:
  • Disorders of Consciousness
  • Compassion Fatigue
  • Substance Abuse
  • Chronic Pain

Harry S. Margolis, along with Lawrence Cohen and Mathew Martino of Nixon Peabody, will be leading a workshop on special needs and trusts. Participants will learn about budgeting, how much they can spend from a trust without depleting their funds and preserving eligibility for public benefits.

 

The conference will take place this Thursday, March 28th, from 7:30 a.m. to 4:15 p.m. at the Best Western Royal Plaza Hotel located at 181 Boston Post Road, West Marlborough.

 

Click here to view the schedule and here to register.  
Job Openings at Margolis & Bloom 

 

We have an immediate need for an Administrative Assistant to join our dynamic, service-oriented staff. We seek an individual who can work both independently and collaboratively to improve the lives of our clients and their families. The position involve significant client contact and responsibility for achieving results.

We prefer experienced applicants, but will train individuals ready to make a long-term commitment to the firm.  If this position is of interest, please e-mail your resume along with a cover letter to [email protected]. All submissions will be held in strict confidence. 

Green News
 
What is biofortification?  The process of breeding staple crops to have higher levels of essential nutrients, either through selective breeding or genetic modification. 
 
With a certain level of genetic modification does this in turn impact the environment in a negative way?  Two interesting projects to check out  are The Golden Rice Project, which is working on biofortified rice to alleviate micronutrient deficiencies in developing countries and Harvest Plus, also seeking to reduce hunger by biofortification.