Best bets
MassHealth
Includes an overview of the program, information for recipients, information for providers, how to apply, and more.
- Federal changes affecting MassHealth (Medicaid) members
Effective Oct 2026, MassHealth eligibility is being eliminated for certain groups, including refugees, individuals granted asylum or related relief, those granted parole for at least one year, and certain special immigrant visa holders (e.g., from Iraq and Afghanistan); permanent residents may have a 5-year wait. This site contains information about the changes and a tool to screen whether you will be affected.
Medicaid, U.S. Department of Health and Human Services.
Includes general information, enrollment and coverage, and more.
Massachusetts laws
MGL c. 118E Division of Medical Assistance
- § 31 Adjustment or recovery of payments
State law now limits MassHealth estate recovery to only federally mandated recovery; also removed is estate recovery for residents receiving assistance under CommonHealth or for personal care attendant (PCA) services.
Massachusetts regulations
130 CMR 501-610 MassHealth regulations
- 130 CMR 520 MassHealth: financial eligibility
- 130 CMR 520.019(B) Look-back period
Federal laws, regulations, and rules
Federal laws
42 U.S.C. §§ 1396 et seq. Medical assistance programs
Public Law 119-21 FY2025 Budget Reconciliation Bill (2025)
- Health Provisions in the 2025 Federal Budget Reconciliation Bill, KFF.org (July 2025)
Describes the law's health care provisions in four categories: Medicaid, the Affordable Care Act, Medicare, and Health Savings Accounts (HSAs). It also compares the provisions to an earlier draft of the bill passed by the House.
Federal regulations
42 CFR 430-456 Federal Medicaid regulations
45 CFR 140-159 Requirements Relating to Health Care Access
Federal rules
Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability (45 CFR Parts 147, 155, and 156)
Key provisions of this rule were stayed on August 22, 2025, and vacated on June 12, 2026, in City of Columbus v. Kennedy, No. 1:25-cv-2114 (D. Md.); an appeal is pending (4th Cir., filed July 16, 2026).
- Factsheet: 2025 Marketplace Integrity and Affordability Final Rule, Centers for Medicare & Medicaid Services (CMS), June 20, 2025.
Medicaid Program; Community Engagement Requirement for Certain Individuals (CMS-2454-IFC), interim final rule, June 3, 2026 (42 CFR Parts 431, 435, 438, 457, and 600)
Requires that certain adults ages 19 to 64 complete 80 hours per month of work or other qualifying activities to keep Medicaid coverage; states must implement it no later than January 1, 2027.
Selected cases
Guilfoil v. Secretary of Health and Human Services, 486 Mass. 788 (2021)
Provides a lengthy discussion of the use of nominee trusts in Medicaid planning, and the difference between nominee trusts and traditional trusts. Also, "the retention by an applicant of a life estate in his or her primary residence does not render the property a countable asset."
In the matter of the estate of Frances R. Mason, 493 Mass. 148 (2023)
"This court concluded that the State-administered health insurance program for low-income residents (MassHealth), having placed a lien against the property of a Medicaid recipient who had been permanently institutionalized, could not enforce that lien after the recipient's death". [From headnote].
Web sources
Elder law education guide (PDF), 17th ed., Massachusetts Bar Association, 2026.
MassHealth/Massachusetts Medicaid income & asset limits for nursing homes & long term care, American Council on Aging.
MassHealth/Medicaid resource library, MassLegalServices.
Contains information concerning eligibility and services under the MassHealth program, as well as links to important web sites needed for effective advocacy for MassHealth applicants and recipients.
MassOptions, a service of the Mass. Executive Office of Health and Human Services.
Connects older adults, individuals with disabilities and their caregivers with agencies and organizations that can best meet their needs.
Member booklet for health and dental coverage and help paying costs, Executive Office of Health and Human Services, 2026.
Includes how to get MassHealth, details about coverage, and more.
Requiring adult children to pay for aging parents, ElderLaw Answers.
Helpful information on laws that may require adult children to support their parents. Refer also to Massachusetts' filial responsibility law, MGL c. 273, § 20.
Senior guide to health care coverage, MassHealth, 2026.
Includes how to get MassHealth, details about coverage, and geared toward seniors.
Serving the Health Insurance Needs of Everyone (SHINE) program, Executive Office of Aging & Independence.
Provides free health insurance information and assistance for Medicare eligible adults and their caregivers.
What's the difference between Medicare and Medicaid?, U.S. Department of Health and Human Services.
What to know about MassHealth changes, 413Cares
The federal government's changes to Medicaid and subsidized insurance are expected to impact over 200,000 people in MA who have MassHealth (Medicaid). These changes will restrict eligibility and add work and renewal requirements.
Noncitizens
MassHealth information for noncitizens, MassHealth
MassHealth may be available for people who are noncitizens. A person who was born outside of the United States may be a noncitizen based on their immigration status.
Print sources
Drafting successful Medicaid trusts, MCLE, 2024.
Elder and disability law in Massachusetts, MCLE, 2023.
Elder law (Mass. Practice v.56), Thomson/West, annual.
Chapters 8 and 9.
Estate planning for the aging or incapacitated client in Massachusetts, 5th ed., MCLE, loose-leaf.
Chapter 32 Resource Planning for MassHealth Coverage.
Estate planning with forms, 3rd ed. (Mass Practice v.24), Thomson/West, with supplement.
Chapter 29 Estate Planning and Medicaid.
Long-term care: How to plan and pay for it, by Joseph L. Matthews, Nolo, 2023. (eBook available with library card)
Medicaid and health planning update, MCLE, 2023.
Contact
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| Last updated: | October 27, 2026 |
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