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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

168 8.100.7.E Consideration of Trusts in Determining Medical Assistance Eligibility 1. Trusts established before August 11, 1993: a. Medical Assistance Qualifying Trust (MQT) i) In the case of a Medical Assistance qualifying trust, as defined in Section 8.100.7.E.ii, the amount of the trust property that is considered available to the applicant/member who established the trust (or whose spouse established the trust) is the maximum amount that the trustee(s) is permitted under the trust to distribute to the individual assuming the full exercise of discretion by the trustee(s) for the distribution of the maximum amount to the applicant/member. This amount of property is deemed available resources to the individual, whether or not is actually received. ii) A Medical Assistance qualifying trust is a trust, or similar legal device, established (other than by will) by an individual (or an individual's spouse) under which the individual may be the beneficiary of all or part of the payments from the trust and the distribution of such payments is determined by one or more trustees who are permitted to exercise any discretion with respect to the distribution to the individual. b. This provision does not apply to any trust or initial decrees established before April 7, 1986, solely for the benefit of a developmentally disabled individual who resides in an Long Term Care Institution for the developmentally disabled. c. This provision does not apply to individuals who are receiving SSI. 2. Trusts established on or after July 1, 1994: Assets include all income and resources of the individual and the individual's spouse, including all income and resources which the individual or the individual's spouse is entitled to but does not receive because of action by any of the following: