Mass. Gen. Laws » Part I Title XVII Chapter 118E
Massachusetts General Laws

Mass. Gen. Laws ch. 118E, § 28 (2026)

Disposal of resources at less than fair market value; period of ineligibility; transfers for sole benefit of individual age 65 or older

✓ current as of July 2026
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Section 28. In determining the eligibility of an institutionalized individual, as defined by Title XIX, the division shall impose a period of ineligibility, consistent with said Title XIX, against any such individual if said individual or his spouse disposes of resources for less than fair market value. In determining the eligibility of a non-institutionalized individual, as defined in said Title XIX, the division may impose a period of ineligibility as permitted by said Title XIX.

The division shall consider a transfer of assets by an individual age 65 or older or a transfer made for the sole benefit of an individual age 65 or older into a trust pursuant to 42 U.S.C. 1396p(d)(4)(C), established for the sole benefit of said individual, to be a disposal of resources for fair market value, to the extent that such resources shall be available, under any circumstances, to be used by the trustee to provide goods and services to the individual, or to reimburse such costs, at fair market value.

Notes of Decisions
Cited in 5 cases, 2007–2015 · leading case: Shelales v. Dir. of the Off. of Medicaid, 915 N.E.2d 1092 (Mass. App. Ct. 2009).
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Shelales v. Dir. of the Off. of Medicaid, 915 N.E.2d 1092 (Mass. App. Ct. 2009). “§ 1396p(c) (2006), G. L. c. 118E, § 28, and the implementing State regulations, 130 Code Mass.”
Forman v. Dir. of the Off. of Medicaid, 944 N.E.2d 1081 (Mass. App. Ct. 2011). “§ 1396p(c) (2006), G. L. c. 118E, § 28, and the implementing State regulations, 130 Code Mass.”
Gauthier v. Dir. of the Off. of Medicaid, 956 N.E.2d 1236 (Mass. App. Ct. 2011). “If an applicant disposes of an asset in exchange for future services, that transaction “is considered to be a disqualifying transfer of assets to the extent that the transaction does not have an ascertainable fair-market value or if the transaction is not embodied in a valid…”
Andrews v. Div. of Med. Assistance, 861 N.E.2d 483 (Mass. App. Ct. 2007). “§ 1396p(c); G. L. c. 118E, § 28; 130 Code Mass. Regs.”
Needham v. Dir. of the Off. of Medicaid, 38 N.E.3d 1050 (Mass. App. Ct. 2015). “See G. L. c. 118E, § 28; 130 Code Mass. Regs.”
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