Page 262

Medical Services Policy Manual, Section H

H 100 Long Term Services and Supports

H-100 Long-Term Services and Supports MS Manual 08/29/22 The policies located in Section H of thismanual describe programs and procedures that are unique to the Long-Term Services and Supports eligibility groups. These sections include: 1. Income Trusts (MS H-110-116); 2. Spousal Impoverishment Rules (MS H-200); 3. Transfer of Resources (MSH-300); 4. Post-Eligibility rules (MS H-400); 5. Long-Term Care Insurance Partnership Program (MS H-500); 6. Estate Recovery (MS H-600); and 7. Undue Hardship Waiver (MS H-700). H-110 Income Trusts MS Manual 08/29/22 An individual with income in excess of the income limit may establish an income trust for the purpose of becoming Health Care eligible. This type of trust is commonly referred to as a Miller Income Trust. H-111 Requirements for an Income Trust MS Manual 08/29/22 A Miller Income Trust must meet the following conditions: 1. Terms and Other Conditions The trustmust be irrevocable. It can be terminated or amended only by mutual agreement between the Department of Human Services (DHS) and the trustee. The trust may be used to establish Health Care eligibility for individuals determined to be medically in need of care in a nursing facility or assisted living facility or PACE. The trust must have been created either by the individual or by the individual’s child, spouse, sibling, attorney-in-fact or Power of Attorney, guardian, or representative payee as determined by the Social Security Administration. Establishment of a Miller Income Trust by these individuals previously listed will be considered as valid for the purposes of Health Care eligibility.

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Page 262

Official source

Medical Services Policy Manual, Section H

H 100 Long Term Services and Supports

H-100 Long-Term Services and Supports MS Manual 08/29/22 The policies located in Section H of thismanual describe programs and procedures that are unique to the Long-Term Services and Supports eligibility groups. These sections include: 1. Income Trusts (MS H-110-116); 2. Spousal Impoverishment Rules (MS H-200); 3. Transfer of Resources (MSH-300); 4. Post-Eligibility rules (MS H-400); 5. Long-Term Care Insurance Partnership Program (MS H-500); 6. Estate Recovery (MS H-600); and 7. Undue Hardship Waiver (MS H-700). H-110 Income Trusts MS Manual 08/29/22 An individual with income in excess of the income limit may establish an income trust for the purpose of becoming Health Care eligible. This type of trust is commonly referred to as a Miller Income Trust. H-111 Requirements for an Income Trust MS Manual 08/29/22 A Miller Income Trust must meet the following conditions: 1. Terms and Other Conditions The trustmust be irrevocable. It can be terminated or amended only by mutual agreement between the Department of Human Services (DHS) and the trustee. The trust may be used to establish Health Care eligibility for individuals determined to be medically in need of care in a nursing facility or assisted living facility or PACE. The trust must have been created either by the individual or by the individual’s child, spouse, sibling, attorney-in-fact or Power of Attorney, guardian, or representative payee as determined by the Social Security Administration. Establishment of a Miller Income Trust by these individuals previously listed will be considered as valid for the purposes of Health Care eligibility.