MA S861

Persons who receive assets transferred below fair market value from a nursing home resident, resulting in Medicaid disqualification, become liable to the long-term care facility for care costs up to the amount transferred, calculated at the facility's Medicaid rate

Fiduciaries or individuals with control over a resident's income (including joint account holders) who refuse to pay the patient liability amount owed under Medicaid become personally liable to the facility after receiving written notice from the department

Long-term care facilities must provide 45 days written notice before suing asset transfer recipients and 30 days notice before suing fiduciaries for unpaid patient liability amounts

Defendants may assert as an affirmative defense that the transfer was not a disqualifying transfer under federal Medicaid law (42 U.S.C. 1396p), with courts making this determination independently

Liability survives the resident's death, and successor fiduciaries are not personally liable for the acts or omissions of predecessor fiduciaries