“Estate Recovery” in Massachusetts
By Richard Hugus | Aletho News | October 22, 2017
Medicaid is the supposed health care coverage in the United States for people under age 65. Medicare is for people 65 and over. “MassHealth” is the Massachusetts version of Medicaid. The current MassHealth application requires applicants to agree by signature to the following clauses. They should be read carefully:
“9. To the extent permitted by law, MassHealth may place a lien against any real estate owned by eligible persons or in which eligible persons have a legal interest. If MassHealth puts a lien against such property and it is sold, money from the sale of that
property may be used to repay MassHealth for medical services provided.
10. To the extent permitted by law, and unless exceptions apply, for any eligible person 55 years of age or older, or any eligible person for whom MassHealth helps pay for care in a nursing home, MassHealth will seek money from the eligible person’s estate after death.”
People getting MassHealth assume they are getting health insurance. In fact, if they are over 55, they are only getting a loan for health coverage which they must pay back from their estate (their home, their savings, their personal property) after they die. The process by which the state recovers the cost of your health care coverage is is called “estate recovery.” The low income people whom MassHealth is supposed to serve may thus be unable to leave the one thing they might have — their family home — to their children.
MassHealth does not tell you exactly what health coverage they will be charging your estate for after you die — one must assume it is any and all health care provided. Nor are you told about monthly “capitation charges” (charges per head – a nice way of thinking about the public) just for being enrolled. This charge for a typical enrollee comes to almost $500 per month. If you wish to find out what your debt is while you are still living, and request a statement, MassHealth will not make it easy for you to get it and the statement will be no more than a spreadsheet copied out of their database, with no explanation of charges. The MassHealth Estate Recovery Unit says that, by law, it is not able to process MassHealth claims until the MassHealth recipient is dead and his estate enters probate. After death, of course, the recipient is no longer able to speak for him or herself or question any charges. MassHealth is basically giving low income people a collateralized loan and withholding both the total amount of the loan and a full explanation of the conditions of the loan so that the enrollee can never know what his debt is. Nor is it possible to clear your debt while living, as there is no process for that.
Those who are able to afford partial payments for their coverage are not subjected to estate recovery. In effect this is a penalty for being poor.
For people between the ages of 55 and 64, MassHealth, and the Affordable Care Act which it operates under, is a program designed to benefit the insurance industry rather than the low income people it is supposed to serve. According to one physician, “Medicaid, supposed to be a program to help the poor, has become a cash cow for multibillion-dollar, managed-care companies, who milk federal and state taxpayers.”
People who wish to leave something to their children after they die, and not saddle them with a debt for their health care costs, would be better off not enrolling in MassHealth and instead paying their medical costs out of pocket.
If someone gets a loan from a legitimate lending institution, things would be quite different. For example:
• In a legitimate loan agreement you would be entitled to a regular statement of costs incurred. MassHealth does not provide this. The enrollee is not even told that MassHealth will be charging nearly $500 per month for coverage, with no health care actually being provided. No accounting of any kind is provided.
• In a legitimate loan agreement you would expect to have a signed contract specifying your obligations and the obligations of the loan provider. People signing the MassHealth application agreement are, with just one sentence, giving up their rights to the family home and all their possessions. The agreement states: “To the extent permitted by law, for any eligible person age 55 or older . . . MassHealth will seek money after the eligible person’s estate after death.” What is “the extent permitted by law”? The terms are so vague as to be deceptive. By signing the MassHealth application, you are agreeing to a loan whose final cost will only be arrived at after you’re gone.
• In a legitimate loan agreement you would have the right of informed consent. The MassHealth application does not provide this. You don’t even know what you’re agreeing to.
• In a legitimate loan agreement you would be able to review cost statements and contest charges that you never agreed to, or charges for services that you perhaps never received. Under MassHealth, you would be unable to contest any charges not only because you were never informed of charges as they were being incurred, but also because no claim would be made until you were dead. MassHealth does not allow questioning of costs while you are alive, and after you are dead it’s obviously too late.
• In a legitimate loan agreement you would be able to pay off the loan and get a receipt in return saying the debt was paid. If you offer to pay MassHealth to be free of your debt, MassHealth will tell you that you can make a voluntary payment but you will not be given a receipt saying that all debts are paid. Your debt to the state is only settled when the state conducts an estate recovery claim against you and that claim is only issued during the probate process after you die. This bureaucratic rule violates what one might call a basic human right to pay off and be free of a debt. In a legitimate loan, the lender would certainly make it possible for a loan to be paid off ahead of schedule (i.e., before you die). By this rule MassHealth puts people in the absurd position of not being able to pay a debt even if they want to.
The terms by which MassHealth offers health coverage to low income people would, in any other context, be called fraudulent. The Commonwealth of Massachusetts has no business purveying health care by such deceptive means. To add insult to injury if, after finding out about this scam, you decide to end your “coverage,” the Commonwealth will slap you with a “health care penalty” on your state tax returns for your failure to have health insurance. This amounts to coercion into an unfair agreement.
Some might think it is irresponsible not to have health insurance. Actually, it is irresponsible for the state of Massachusetts, or any state offering a similar Medicaid program, to be offering open-ended loans disguised as health insurance.
A valuable article on estate recovery under the national Affordable Care Act is at:
http://www.paulcraigroberts.org/2014/02/08/obamacare-final-payment-raiding-assets-low-income-poor-americans/
October 22, 2017
Posted by aletho |
Deception, Economics, Malthusian Ideology, Phony Scarcity, Timeless or most popular | Massachusetts, MassHealth, Medicaid, United States |
5 Comments
BOSTON — The ACLU of Massachusetts calls for a moratorium on the use of controversial and unregulated license plate scanner technology in all Massachusetts police departments, following a Boston Globe exposé of problems in the Boston Police Department’s program.
The story, published in today’s Globe, shows that contrary to officials’ claims about why departments need the technology, police routinely do not respond to live ‘hits’ alerting them to the location of stolen cars. This suggests that the program is, as the ACLU feared, largely oriented towards compiling vast databases enabling the warrantless tracking of millions of innocent motorists.
In response to these alarming findings, the Boston Police Department announced it would suspend the program, at least until proper oversight and procedures are put into place.
“The Globe’s investigation into the Boston Police Department’s license plate reader program, based largely on a series of public records requests initiated nearly a year ago, confirms that police departments need outside oversight and guidance in order to responsibly use this powerful technology. We applaud the Boston police decision to suspend the program,” said Kade Crockford, director of the Technology for Liberty project at the ACLU of Massachusetts. “In light of these disturbing revelations, no police department in the state should continue to use this technology until the legislature passes the License Plate Privacy Act. We need uniform statewide rules for departments’ use of plate readers.”
Currently the Massachusetts State Police and more than 50 cities and towns deploy license plate scanners, which snap photographs of each license plate they encounter, noting the time, date and location, and run the plate numbers against “hot lists” to identify stolen cars, outstanding warrants and other violations. Today, no license plate reader program in the state is subject to outside regulation.
“The License Plate Privacy Act will establish accountability and public transparency requirements to ensure that the kinds of abuses the Globe uncovered at the Boston Police Department are not happening in other cities and towns,” said Crockford. “Technologies that target ordinary Americans going about their everyday lives create tremendous opportunity for abuse, without keeping us safe. We must ensure that the law keeps pace with these new technologies.”
The License Plate Privacy Act allows departments to use license plate readers to identify cars associated with criminal suspects or crimes, while preventing the government from amassing databases containing the historical travel records of millions of innocent people.
“The Globe’s investigation makes crystal clear that departments cannot police their own use of this complex and powerful tool,” said Crockford. “The legislature must step in to provide some basic rules, as well as checks and balances to make sure license plate readers aren’t used for warrantless tracking of innocent drivers. The Joint Transportation Committee should recommend swift approval of the License Plate Privacy Act, the legislature should pass it, and the Governor should sign it into law.”
Advanced surveillance tools can work to promote public safety while simultaneously respecting the privacy and liberty interests that help our Commonwealth thrive, but in order for that to happen the law needs to catch up with the technology. The License Plate Privacy Act strikes the right balance. Police departments statewide should follow Boston’s lead and immediately halt their use of the technology until the legislature acts.
For more on the License Plate Privacy Act, go to:
https://aclum.org/privacy_agenda#LPA
To take action on this issue, go to:
https://ssl.capwiz.com/aclu/ma/issues/alert/?alertid=63008551&type=ML
For more information about automatic license plate readers, go to:
https://www.aclu.org/alpr
December 14, 2013
Posted by aletho |
Civil Liberties, Corruption, Deception, Full Spectrum Dominance | American Civil Liberties Union, Automatic number plate recognition, Boston, Boston Police Department, Massachusetts, Plate reader, Police |
Comments Off on ACLU calls for Massachusetts moratorium on controversial license plate readers
California had its chance, but now Montana has become the first state in the U.S. to require that police obtain a search warrant before using a person’s cellphone records to track their whereabouts.
The new law mandates that law enforcement have probable cause before asking a judge for a warrant that permits the examination of metadata collected by telecommunications companies.
Police can ignore the law if the cellphone is reported stolen or if they are responding to an emergency call from the user.
Lawmakers in California adopted a similar law last year, but Democratic Governor Jerry Brown vetoed it, saying it did not “strike the right balance” between the needs of citizens and law enforcement.
Other states have also considered the legislation. In Maine, a location information privacy bill now awaits approval from the governor. Texas legislators rejected the idea, in spite of recently passing a bill that made its state the first in the nation to require a warrant for email surveillance. Massachusetts lawmakers plan to conduct a hearing on a measure that would require search warrants for location records as well as content of cellphone communications.
Federal legislation—the Geolocational Privacy & Surveillance Act (pdf)—was recently introduced in Congress, but neither the House nor the Senate has taken it seriously so far.
July 6, 2013
Posted by aletho |
Civil Liberties, Full Spectrum Dominance | California, Jerry Brown, Law Enforcement, Maine, Massachusetts, Montana, Probable cause, United States |
Comments Off on Montana becomes First State to Require Search Warrants for Cellphone Location Tracking
Malcom Lagauche | November 14, 2010
This is the time of the year when we are inundated with propaganda about the U.S. holiday, Thanksgiving. Recently, the History Channel showed its rendition. The same old story: weary Pilgrims were taught how to plant crops in the new land of America by some savvy Native Americans. Then, to thank the Indians and God, the Pilgrims held a celebration in Plymouth, Massachusetts. Everybody had a great time. This was brotherhood among human beings at its best. Then, the documentary went forward in time to the 18th century. What happened between 1621 and 1675 was completely ignored. Most U.S. history books rarely mention the fate of the Indians who helped the Pilgrims survive.
Growing up in the U.S., I was told that we should be thankful and Thanksgiving is the time for this. School teacher-after-school teacher told their students to “thank God” for what they had. There was never any thought or consideration whether the students did not believe in God. God was always present and had to be thanked once a year.
In the sixth grade, I had the audacity to ask the teacher, “What about poor people? Should they be thankful?” I got my ass reamed for making such a flippant inquiry. “Poor people especially have to be thankful,” I was told. “God works in mysterious ways.” I did not have the nerve to tell her I did not believe in God.
In my 12 years of schooling in Rhode Island and Fall River, Massachusetts, I was taught nothing about Native American culture of the area, except at Thanksgiving. In grammar school, it was obligatory for students to create a drawing with Crayola crayons that depicted the first Thanksgiving: some weary, but benevolent white settlers mingling with Native Americans over a feast. The Indians always looked savage and the whites so civilized.
We also were told that turkey was the main fare for the feast, but again we were told another lie. Fish and small fowl, along with native vegetables, some of which the Pilgrims were unaware, adorned the menu.
The Wampanoag Indians, under Chief Massasoit, welcomed the Pilgrims to Massachusetts and provided food for what we now call the first Thanksgiving. The goodwill between the two peoples lasted only a short time, however.
Eventually, Metacomet (Anglicized name, Philip), Massasoit’s son, became chief after his father’s death. During the time of the new regime, the Puritans were launching a land-grab from the Indians and were hostile toward the Natives, who had benevolently given them the rights to thousands of acres of land while asking for nothing in return.
When Metacomet called “foul,” the Puritans upped the ante. He approached the governing authorities of the Puritans and complained that they were encroaching on Indian land and stealing their crops. When a court met, it was run by three Puritain judges who negated the complaints of Metacomet and then ordered the Indians to be disarmed. That was the last straw for the Indian leader.
Over the next few years, tensions rose with Indians and Puritans alike being killed in raids. The more the Puritans encroached, the more the Indians resisted.
In 1675, all-out war began. The name given to the war was King Philip’s War. Maybe it should have been the Puritan War, but history has been unkind to the Natives.
In the beginning, Metacomet’s forces were dominating. At one time, the Puritans were pushed back and were discussing going back to England. But, the Natives began running out of food. Their demise was at hand.
Within two years, most of the proud Wampanoag Indians were massacred. A nation that included more than 30,000 people with highly-organized governments and social structures became a shabby band of no more than 2,000 Indians at the end of the war. They were ordered into slavery. Until this day, they have never recovered. The descendants of the Wampanoags of the 17th century live today in southeastern Massachusetts and most live in poverty.
Metacomet was killed when the Puritans paid an Indian informant to spy on him and report his location. The turncoat Indian was the person who pulled the trigger and murdered Metacomet. His body parts were put on public display throughout the region. Within six decades of landing at Plymouth Rock, the whites had forever destroyed a culture that had inhabited the area for thousands of years prior to the arrival of the Mayflower.
One of Metacomet’s strongest allies was the Pocasset tribe, who went to war with the Wampanoag. The Pocassets were led by Weetamoe, a fierce warrior who held an unbending allegiance from her tribal members. When the Puritans turned the corner in the war, she fled and drowned trying to swim across the Taunton River. Like Matacomet, her body was cut into pieces and parts were displayed at various venues in southern New England.
The legacy of Metacomet should be that of America’s first resistance hero. However, few Native Americans have been given credit in U.S. history for acts of bravery, so he is still listed in our history books as a belligerent Indian who began a war against the civilized Anglos. According to white history, he was the perpetrator of the war, not the victim.
In 1675, the Boston Indian Imprisonment Act was established. It ordered the arrest of any Indian entering the city. To this day, the law is still on the books.
Despite living in a town where Native American names abound, (Pocasset School, Conanicus Street, Nonquit Pond, Sakonnet River, Quechechan River, and many others) in 12 years of school, nothing was mentioned about the origins of these monikers. Only within the last few years have I discovered that from the front porch of my house, looking across Mount Hope Bay, I could see the exact location of the murder of Metacomet in what is today’s Bristol, Rhode Island.
A tribal leader of the Kumeyaay Nation of southern California once told me that the two most sorrowful days of the year for Native Americans are Columbus Day and Thanksgiving. He could not understand why U.S. citizens in this day and age still celebrate the two days of Native American catastrophe with all the knowledge that has been forthcoming in the past few decades about the Native American holocaust.
Each year, at Plymouth, a mock Thanksgiving feast is held for the public to view. The clothing and the food are meant to be identical to those of the original Thanksgiving. A couple of years ago, the script for this event had to be re-written. Members of the Wampanoag tribe, who normally participate, decided to boycott the show. They have had enough.
November 15, 2010
Posted by aletho |
Ethnic Cleansing, Racism, Zionism, War Crimes | History Channel, Massachusetts, Metacomet, Native American, Native Americans in the United States, Thanksgiving, Wampanoag people |
6 Comments