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FORMAN v. DIRECTOR OF THE OFFICE OF MEDICAID

No. 10-P-728.

79 Mass. App. Ct. 218 (2011)

JANETTE FORMAN v. DIRECTOR OF THE OFFICE OF MEDICAID.

Appeals Court of Massachusetts, Bristol.

April 6, 2011.

Attorney(s) appearing for the Case

Eric D. Correira for the plaintiff.

David R. Marks , Assistant Attorney General, for the defendant.

Present: KAFKER, COHEN, & RUBIN, JJ.

KAFKER, J.

At issue is whether a particular lump-sum caregiver contract for future services between a mother and daughter was a disqualifying transfer of resources for Medicaid purposes, pursuant to 130 Code Mass. Regs. § 520.007(J)(4) (2006). The mother, plaintiff Janette Forman (mother), was a nursing home resident who applied to the defendant, the Director of the Office of Medicaid, for MassHealth

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