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Makepeace v. Dougherty Doc. 59
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 10-10266-RWZ

DAVID MAKEPEACE

v.

TERRY DOUGHERTY,
in His Official Capacity as Director of the Office of Medicaid
for the Executive Office of Health and Human Services
of the Commonwealth of Massachusetts

ORDER October 20, 2010 ZOBEL, D.J.
Lucius Makepeace, now deceased, incurred $12,281.19 in medical debt before he became eligible for MassHealth Medicaid.  The executor of his estate asks the court for a declaratory judgment that a state regulation which limits the ability of some MassHealth recipients to pay pre-existing medical debt is contrary to federal law.
I. Background
Makepeace entered the Oxford Nursing Home in early 2008.  He applied for MassHealth Medicaid benefits to pay for this long term care on April 18, 2008, and his application was ultimately approved on September 22, 2008, with benefits retroactive to July 1.  His application would have been approved at an earlier date, with a corresponding earlier date for retroactive benefits, but for the fact that he made a $11,005 disqualifying transfer of funds resulting in a 43-day penalty period of ineligibility.  Makepeace gave these funds to one of his children within five years of the
Dockets.Justia.com
date he applied for MassHealth, and federal law mandates a period of Medicaid
ineligibility when an applicant

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