The Masshealth Application: Fill & Download for Free

I do not live in MA but from what I have read it seems similar to PA, which is that you attest to being a resident of MA and can provide proof. No set length of residency (ie one month, one year, etc) is specified. When in doubt, it's best to apply and let the agency make the final determination.The residency requirements from the administrative handbook are found here:http://www.mass.gov/eohhs/docs/masshealth/regulations/member-eligibility/130-cmr-503-000.pdfOf note:(F) Acceptable proof of Massachusetts residency includes the following, as well as any other verification allowed as determined by the MassHealth agency: (1) copy of deed and record of most recent mortgage payment (if mortgage is paid in full, provide a copy of property tax bill from the most recent year); (2) current utility bill or work order dated within the past 60 days; (3) statement from a homeless shelter or homeless service provider; (4) school records (if school is private, additional documentation may be requested); (5) nursery school or daycare records (if school is private, additional documentation may be requested); (6) Section 8 agreement; (7) homeowner’s insurance agreement; (8) proof of enrollment of custodial dependent in public school; (9) copy of lease and record of most recent rent payment; or (10) affidavit supporting residency signed under pains and penalties of perjury.(G) Examples of applicants or members who do not meet the residency requirement for MassHealth are (1) individuals who came to Massachusetts for the purpose of receiving medical care in a setting other than a nursing facility, and who maintain a residence outside of Massachusetts; and (2) individuals whose whereabouts are unknown

See Massachusetts regulations at http://www.mass.gov/eohhs/docs/masshealth/regulations/member-eligibility/130-cmr-503-000.pdfChapter 503503.002: Residence RequirementsAs a condition of eligibility, an applicant or member must be a resident of the Commonwealth of Massachusetts.(F) Acceptable proof of Massachusetts residency includes the following, as well as any other verification allowed as determined by the MassHealth agency:(10) affidavit supporting residency signed under pains and penalties of perjury that states the individual is not visiting Massachusetts for personal pleasure or to receive medical care in a setting other than a nursing facility.Disclaimer: I am not an attorney and this information is not legal advice.

Responding to A2A.Probably.Let’s let LAWYERS have their say:“Federal and state laws, state regulations, and agency policies govern Medicaid eligibility. These rules change frequently, usually with no “grandfathering” for planning undertaken prior to the change. When considering whether to transfer assets to an irrevocable trust to preserve those assets from having to be spent down on long-term care costs, it is important to remember that the law in effect today is unlikely to be the law in effect after the five-year ineligibility period has expired. A person who is applying for Medicaid benefits must disclose the existence of an irrevocable trust on the application, Currently, many Medicaid applications that report such trusts are being routinely denied by MassHealth, the agency that administers the Medicaid program in Massachusetts.…Unfortunately, the provisions which estate planning and elder law attorneys have traditionally used to build flexibility into irrevocable trusts are the very provisions that MassHealth is now using to claim that the trust assets are available to be used to pay for long-term care.…The best way to ensure you end up in a nursing home is to have no money. One of my favorite sayings to clients is “money buys you options.” If a person has savings, CDs, retirement accounts, investments, or real estate available to her, she can choose to remain at home and pay for help to allow her to remain there, she can choose to go to assisted living and pay for additional assistance if she needs it, she can choose to modify her home to accommodate her needs, etc. A person who has no resources usually has only one option — go into a nursing home. The reason for this is that Medicaid will pay for 24/7 care for a person with no assets who is a nursing home resident. Medicaid does not pay for assisted living or round-the-clock care at home for (most) elders who need such care. Most of my clients would rather be at home than in a nursing home, and for this reason transferring assets out of their ownership and control and into an irrevocable trust in order to “protect” them often results in the client ending up in a nursing home rather than at home where they would prefer to be.”Five Reasons NOT to Create an Irrevocable Trust | SSB LLC | Samuel, Sayward, & Baler LLC | Dedham, MA lawyersFive Reasons NOT to Create an Irrevocable Trust November 1, 2013 by Attorney Suzanne Sayward Clients often tell me they want to put all their assets in a trust to protect them in case they need to go to a nursing home.  Given the high cost of long-term care, this is a valid concern and there are situations when an irrevocable trust for asset protection purposes makes sense.  However, using an irrevocable trust can be one of those situations where the “cure” is sometimes worse than the disease. Here are five reasons to tread carefully when considering transferring assets to an irrevocable trust for long-term care protection purposes. For married couples, there are better ways to protect assets. When I represent a married couple for estate and long-term care planning, my goal is to make sure they are able to take care of themselves and each other.  In Massachusetts, if a member of a married couple requires nursing home care and needs to qualify for Medicaid benefits to pay for that care, there are protections in place that allow the spouse who is living in the community to keep all or most of the couple’s assets.  However, those protections can be forfeited if the couple transfers assets to an irrevocable trust (or to children) within the five-year period preceding the need for care.  That is because there is a five-year  ineligibility period for long-term Medicaid benefits following the transfer of assets to an irrevocable trust (or to any person other than a spouse).  For many married couples, it is far better not to transfer assets to an irrevocable trust so that if one spouse does need long-term nursing home care, the spouse at home can take full advantage of the laws that  offer financial protections to the community spouse. There’s no guaranty the trust will accomplish your goals. Federal and state laws,  state regulations, and agency policies govern Medicaid eligibility.  These rules change frequently, usually with no “grandfathering” for planning undertaken prior to the change.  When considering whether to transfer assets to an irrevocable trust to preserve those assets from having to be spent down on long-term care costs, it is important to remember that the law in effect today is unlikely to be the law in effect after the five-year ineligibility period has expired.  A person who is applying for Medicaid benefits must disclose the existence of an irrevocable trust on the application,  Currently, many Medicaid applications that report such trusts are being routinely denied by MassHealth, the agency that administers the Medicaid program in Massachusetts. Despite what you hear on the radio, you  do give up control. We have all heard the advertising on the radio claiming that a person can retain control over her assets while still protecting them from the high cost of a nursing home.  In order to effectively protect assets in Massachusetts, an irrevocable trust that  is intended to preserve assets from having to be spent down on long-term carehttps://ssbllc.com/five-reasons-not-to-create-an-irrevocable-trust/So no idea if this is about a Medicaid issue, private nursing home, what state, etc. we are in, but the bottom line is that what was written above is true. You can set something up and the laws can change and you have NO guarantee of being grand-fathered. So if the home can’t do it today, they may be able to do it tomorrow.