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Does PACE now have a five year lookback in Massachusetts, and what changed in April 2026?


Yes, Starting April 6, 2026

Yes. Effective April 6, 2026, MassHealth began evaluating new PACE applications for transfers and gifts made during the preceding five years. That matters if you heard that someone could give away assets and then qualify for MassHealth coverage through PACE without a transfer review. Families should not continue relying on that older advice. The change is set out in MassHealth’s March 2026 eligibility memo, which directs review of transfers for less than fair market value under the applicable resource transfer rules.

An older woman reviewing financial records at her kitchen table with help from a caregiver

What PACE Is, and How MassHealth Fits In

PACE provides coordinated medical care and other services for eligible older adults, including people who can remain safely in the community with support despite needing the level of care provided in a nursing facility. It can be an important option for a parent who wants to stay home. Enrollment and MassHealth payment are related but separate questions: someone does not necessarily have to qualify for MassHealth to enroll, although payment arrangements will differ. The state’s PACE information page explains the program and directs families to participating organizations.

Gifts Made Before April Can Still Count

The new review looks backward from the application. It does not mean only gifts made after April 6, 2026 matter. A gift made earlier can fall within the period being examined for a new application. For example, money given to a child several years ago may need to be documented and evaluated now, and the review covers transfers made by the applicant’s spouse as well. Families who planned around the previous approach should have that planning reviewed before assuming an application will be approved.

A Lookback Is Not a Five-Year Wait

A lookback also does not mean every applicant must wait five years to receive assistance. It is a period of financial review. If MassHealth identifies a disqualifying transfer, a separate penalty calculation may affect when it will pay for covered care. The amount transferred, the circumstances, and the applicable exceptions matter. Under the MassHealth resource transfer rules, not every movement of money produces the same result. We need the actual transaction history before we can tell a family what a past transfer means.

Gifts Versus Payment for Care

Giving your daughter money and paying someone a reasonable amount for services are not automatically treated alike. But a family needs records showing what happened. A check marked “care” does not establish an appropriate payment arrangement by itself, particularly when it is intended to compensate a child for years of informal help. Deeds, account statements, contracts, and receipts may all be relevant. The question is what your parent received in return and whether the transaction satisfies the applicable rules.

Married Couples Need a Full Review

Married couples also need to review the current financial requirements rather than looking only at the applicant’s account balance. The PACE memo addresses spousal assets and the rules that apply to different household situations. Moving everything into the other spouse’s name is not a complete eligibility strategy. We need to understand what both spouses own, what protection may be available for the spouse remaining at home, and whether proposed transactions are permitted.

If Your Parent Is Already in PACE

If your parent already receives PACE services, do not assume this announcement means coverage must stop. The memo describes review of new applications, and an existing participant’s enrollment, MassHealth status, and any proposed changes need individual attention. We would want the approval notices and relevant dates before drawing conclusions. Someone enrolled in PACE while paying a premium may also be in a different position from someone already receiving MassHealth payment. Those details should be sorted out before anyone changes or cancels care.

What to Do Now

This change makes it more important to discuss eligibility before transferring assets, but it does not mean families who need help now have no options. We can evaluate past transactions, permissible planning, and an appropriate spenddown while coordinating with the PACE organization about the care itself. Bring the financial history even if you are worried about something in it. Finding a transfer problem early gives us time to examine the available responses and help your family make decisions based on the current rules.

Start with a free 15-minute consult call with Nicole Ott, our Lead Intake Coordinator. Tell her whether your parent is applying for PACE or already enrolled, and whether any money was given away in the last five years. That is usually enough for us to say what to do next.

Michael Monteforte, Jr.

Michael Monteforte, Jr.

Founding Attorney

Michael Monteforte, Jr. is the founding attorney of Monteforte Law, P.C., an estate planning and elder law firm in Woburn, Massachusetts. He was admitted to the Supreme Judicial Court of Massachusetts in January 2002 and to federal practice in the U.S. District Court, District of Massachusetts, in March 2006. He has practiced estate planning and elder law in Massachusetts for over twenty years.

Monteforte Law Team

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