Page 2274

(2) a special needs trust authorized under 42 U.S.C. 1396p(d)(4)(A) that meets the requirements of 7 AAC 100.612;

(3) a pooled trust authorized under 42 U.S.C. 1396p(d)(4)(C) that meets the requirements of 7 AAC 100.614. (b) An applicant or recipient must submit a recognized Medicaid trust document to the department for review and approval before the department determines Medicaid eligibility. To be approved by the department, in addition to meeting the applicable requirements of 7 AAC 100.610, 7 AAC 100.612, or 7 AAC 100.614, the trust document must

(1) cite the federal statute listed in (a) of this section applicable to the type of trust;

(2) state that at the time the trust is funded, the applicant or recipient will be either under 65 years of age or 65 years of age or older, as applicable;

(3) for a special needs or pooled trust, identify the date the beneficiary was last determined or redetermined blind under 7 AAC 40.140(a) or disabled under 7 AAC 40.170(a);

(4) for a qualifying income trust, prohibit a person from depositing into the trust anything other than the applicant’s or recipient’s income;

(5) prohibit the applicant or recipient from being a trustee or from having any ability, access, or authority to manage or control the trust account;

(6) include a provision for reimbursing the state in accordance with 7 AAC 100.608;

(7) identify the trustee, including a co-trustee;

(8) identify procedures for resignation of the trustee and for designating a successor trustee, including a successor co-trustee; the procedure must require that, at least 30 days before the change, written notification of the change in trustee be sent to the beneficiary, the beneficiary’s authorized representative if applicable, the department, and the court where the trust is registered; and

(9) identify on each page of the trust document the person or organization that drafted the trust document. (c) If the department approves a recognized Medicaid trust, the trust and administration of the trust are subject to review by the department, upon notice, to determine whether the trust remains a valid trust for the purposes of meeting the requirements of a recognized Medicaid trust. Upon request, the trustee shall provide the department with the trust account number and the name of the financial institution holding the trust account. The department will consider a trust to be an invalid trust for the purposes of meeting the requirements of a recognized Medicaid trust if

(1) the trust is not registered with a court;

(2) the trust account receives or uses the assets of another person, except as provided