Mass. Gen. Laws ch. 118E, § 33

No claim for costs of a nursing facility or other long-term care services shall be made by the division under section 31 or 32 if the individual receiving medical assistance was permanently institutionalized, had notified the division that the individual had no intention to return home and, on the date of admission to the nursing facility or other medical institution, had long-term care insurance that, when purchased or at any time thereafter, met the requirements of 211 C.M.R. 65.00.