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Rule 7 AAC 100.600. Applicability of Medicaid trust provisions 7 AAC 100.602. General trust rules 7 AAC 100.604. Recognized Medicaid trusts 7 AAC 100.606. Recognized Medicaid trust; effect on financial eligibility 7 AAC 100.608. Medicaid reimbursement from a recognized Medicaid trust 7 AAC 100.610. Qualifying income trust 7 AAC 100.612. Special needs trust 7 AAC 100.614. Pooled trust 7 AAC 100.619. Definitions 7 AAC 100.600. Applicability of Medicaid trust provisions. (a) The provisions of 7 AAC 100.600 — 7 AAC 100.619 apply to an individual who is eligible for Medicaid under an eligibility category identified in 7 AAC 100.002(a) — (e). However, an applicant or recipient may not use a recognized Medicaid trust under 7 AAC 100.604 to meet income and resource requirements for eligibility categories identified in 7 AAC 100.002(e). (b) For the purposes of 7 AAC 100.600 — 7 AAC 100.619, an applicant or recipient is the grantor of a trust if

(1) any amount of the applicant’s or recipient’s assets is used to form all or part of the corpus of the trust; and

(2) the trust is created by

(A) the applicant or recipient;

(B) the applicant’s or recipient’s spouse;

(C) an individual authorized to act on behalf of the applicant or recipient or applicant’s or recipient’s spouse; or

(D) a court order. (c) The provisions of 7 AAC 100.600 — 7 AAC 100.619 do not apply to a trust that

(1) is established by a third party, including a trust established by will or other testamentary instrument; and

(2) names the applicant or recipient as beneficiary or excludes the applicant’s or recipient’s income or resources. (d) The provisions of this chapter that are applicable to an applicant’s or recipient’s eligibility category are used to determine whether a trust described in (c) of this section is a countable resource or if payment from the trust is income.