Massachusetts uses the life expectancy tables published by the Office of the Actuary of the Social Security Administration, here.

Medicaid referred to as MassHealth.

ANNUITY RULES

According to the Commonwealth of Massachusetts Division of Medical Assistance 130 CMR: Division of Medical Assistance, chapter 520 entitled MassHealth Financial Eligibility:

1. The purchase of an annuity will be considered a disqualifying transfer of assets unless:

a. The Commonwealth of Massachusetts is named as the remainder beneficiary in the first position for at least the total amount of medical assistance paid on behalf of the institutionalized individual;
b. The Commonwealth of Massachusetts is named as such a remainder beneficiary in the second position after the community spouse, or minor or disabled children; or
c. The Commonwealth of Massachusetts is named as such a remainder beneficiary in the first position if the community spouse or the representative of any minor or disabled children disposes of any such remainder for less than fair market value.

According to Eligibility Operations Memo 07-14B, published by Russ Kulp, Director of MassHealth Operations, on June 15, 2008:

1. The annuity must

a. Be actuarially sound, according to the Social Security Administration tables;
b. Have equal payments;
c. Be irrevocable
d. Be non-assignable; and
e. Have no deferral or balloon payments.

2. If the annuity meets all of the requirements described above, complete the Notice of Preferred Remainder Beneficiary (ANN-3) form.
3. All annuities, promissory notes, and personal lifetime-care contracts must be sent to Legal for review before determining eligibility for long-term care benefits.

For more information please visit the Massachusetts Health and Human Services website.

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