Legal Question in Elder Law in Massachusetts

Medicare Law

In Massachusetts, what is the length of ''look back'' for elderly dispusing their assets to their children before becoming eligible for Medicare coverage.


Asked on 7/08/07, 9:52 am

2 Answers from Attorneys

Alexandra Golden Golden Law Center

Re: Medicare Law

Medicare is the national health insurance program for persons 65+ and with permanent disabilities. Medicaid eligibility -- which is what you're probably thinking about -- is based on financial need.

The Massachusetts Medicaid "look-back" period depends on when the gift was made. If it was before 2/8/06, the look-back period is three years, with any disqualification beginning the first day of the month in which the gift was made. If the gift was made after that date, it is five years, with the disqualification period starting on the date on which the elder was "otherwise eligible" to receive benefits. However, there are certain important exceptions to the rules, and a limited number of legitimate ways to protect your assets if you may facing skilled nuring care in the next few years.

I have been practicing elder law for almost 10 years, and would be pleased to speak with you about this or other matters.

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Answered on 7/08/07, 10:07 am

Re: Medicare Law

The look back period is 5 years after 2/6/06 and 3 years before.

You are referring to Medicaid and the application of gifts for such a purpose. There are a variety of things you can do to protect assets even if medicaid is a potential issue.

Please feel free to contact me without obligation.

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Answered on 7/08/07, 3:34 pm


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