30A Complaint in MSP Appeal


Attached is a complaint for judicial review and declaratory judgment in an appeal from an adverse decision by the Board of Hearings. The case involved the failure of MassHealth to implement the Jan 1, 2023 expansion of the income eligibility criteria for Medical Savings Programs for people who applied or renewed using the full SACA-2 MassHealth application instead of the MHBI MSP-only application form. In Nov 2023 MassHealth agreed to reverse this policy and issued corrected decisions for over 10,000 Medicare beneficiaries including the plaintiff. Attached is a copy of the November 2023 notice of decision finding the plaintiff eligible for Senior Buy In effective Jan 1, 2023 and a copy of the Voluntary Dismissal subsequently filed with the court. 

The initial regulations implementing the policy on appeal were amended on Nov 23, 2023. More information on the rule-making is posted on MLS here:  https://www.masslegalservices.org/content/comments-masshealths-medicare-savings-program-msp-regs