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DALEY v. SECRETARY OF EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

SJC-12200, SJC-12205.

477 Mass. 188 (2017)

MARY E. DALEY, personal representative, v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES & another. LIONEL C. NADEAU v. DIRECTOR OF THE OFFICE OF MEDICAID.

Supreme Judicial Court of Massachusetts, Worcester.

May 30, 2017.

Attorney(s) appearing for the Case

Lisa Neeley ( Patrick Tinsley also present) for Lionel C. Nadeau.

Brian E. Barreira for Mary E. Daley.

Ronald M. Landsman , of Maryland, for National Academy of Elder Law Attorneys, Inc.

Elizabeth Kaplan & Julie E. Green , Assistant Attorneys General, for Director of the Office of Medicaid & another.

Patricia Keane Martin , for National Academy of Elder Law Attorneys (Massachusetts Chapter), was present but did not argue.

Leo J. Cushing & Thomas J. McIntyre , for Real Estate Bar Association for Massachusetts, Inc., amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

These two cases require this court to navigate the labyrinth of controlling statutes and regulations to determine whether applicants are eligible for long-term care benefits under the Federal Medicaid Act (act) where they created an irrevocable trust and deeded their primary asset — their home — to that trust but retained...

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