Page 285

Medical Services Policy Manual, Section H

H-300 Transfer of Resources

H 304 Transfers to Trusts

2) Payments for any other purpose shall be considered a transfer of resources by the individual. b. Any portion of the corpus of a trust from which, or any income on the corpus from which, no payment could under any circumstances be made to or for the benefit of the individual shall be considered, as of the date of establishment of the trust (or, if later, the date on which payment to the individual was foreclosed) to be a transfer of resources. The value of such trust shall be determined by including the amount of any payments made from such portion of the trust after such date.

4. Trusts Not Considered an Available Resource A trust will not be considered an available resource to an individual if it meets the criteria of one of the 3 trusts described below: a. A trust containing the resources of an individual under age 65 who is disabled, as determined by SSI or MRT, and which has been established for the benefit of the individual by the individual, a parent, grandparent, legal guardian of the individual, or a court, if the state will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual; b. A trust (Re. MS H-110) established for the benefit of an individual receiving Social Security and other pension: 1) If the trust is composed ONLY of pension, Social Security, and other income to the individual (and accumulated income in the trust); 2) If the state will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalfof the individual subsequent to establishment of the trust; and 3) As long as the state provides facility services to individuals in institutions under the federal income level (3 times the SSI payment level) but does not provide the same assistance to medically needy individuals. c. A trust containing the resources of an individual who is disabled, as determined by SSI or MRT, that meets the following conditions: 1) The trust is established and managed by a non-profit association;