Massachusetts law about Medicaid (MassHealth)

A compilation of laws, regulations, cases and web sources on MassHealth.

Table of Contents

Best bets

MassHealth, Executive Office of Health and Human Services (EOHHS).
Includes an overview of the program, information for recipients, information for providers, how to apply, and more.

Medicaid, US Dept. of Health and Human Services. Includes general information, enrollment and coverage, and more.

Massachusetts laws

MGL c.118E Division of Medical Assistance

Massachusetts regulations

130 CMR 501-610 MassHealth regulations

Federal laws

42 USC §§ 1396 et seq. Medical assistance programs

Federal regulations

42 CFR 430-456 Federal Medicaid regulations

Selected case law

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."

Web sources

Member booklet for health and dental coverage and help paying costs,  Executive Office of Health and Human Services, March 2022.
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. See also, Massachusetts' filial responsibility law, MGL c. 273, § 20.

Senior guide to health care coverage, MassHealth.
Includes how to get MassHealth, details about coverage, and geared toward seniors.

Print sources

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, 2007 with supplement. Chapter 29 Estate Planning and Medicaid.

Massachusetts elder law, LexisNexis Matthew Bender.

MassHealth from application to approval, MCLE, 2020.

Medicare and medicaid claims and procedures, West, with supplement.

Preserving and transferring your client's principal residence, MCLE, 2014.

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Last updated: September 26, 2022
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