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

179 g) The only assets used to fund each trust account are (1) the proceeds from any personal injury case brought on behalf of the disabled individual, or (2) retroactive payments of SSI benefits required under Sullivan v. Zebley, 493 U.S. 521 (1990) . (This provision is applicable to pooled trusts established from July 1, 1994 to December 31, 2000.) h) Any statutory lien pursuant to Section 25.5-4-301(5), C.R.S. must be satisfied prior to funding of the individual's trust account and approval of the joinder agreement. i) Following the disabled individual's death or termination of the trust account, whichever occurs sooner, to the extent that the remaining funds in the trust account are not retained by the pooled trust, the Department shall receive any amount remaining in the individual's trust account up to the total amount of Medical Assistance paid on behalf of the individual. j) The pooled trust account shall not be considered as a countable resource in determining Medical Assistance eligibility. k) Distributions from the trust account may be made only to or for the benefit of the individual. Cash distributions to the individual from the trust shall be considered as income to the individual. Distributions for shelter are considered unearned income and are countable toward income eligibility. l) If exempt resources are purchased with trust funds, those resources continue to be exempt. If non-exempt resources are purchased, those resources are countable toward resource eligibility.

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Page 179

Official source

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

179 g) The only assets used to fund each trust account are (1) the proceeds from any personal injury case brought on behalf of the disabled individual, or (2) retroactive payments of SSI benefits required under Sullivan v. Zebley, 493 U.S. 521 (1990) . (This provision is applicable to pooled trusts established from July 1, 1994 to December 31, 2000.) h) Any statutory lien pursuant to Section 25.5-4-301(5), C.R.S. must be satisfied prior to funding of the individual's trust account and approval of the joinder agreement. i) Following the disabled individual's death or termination of the trust account, whichever occurs sooner, to the extent that the remaining funds in the trust account are not retained by the pooled trust, the Department shall receive any amount remaining in the individual's trust account up to the total amount of Medical Assistance paid on behalf of the individual. j) The pooled trust account shall not be considered as a countable resource in determining Medical Assistance eligibility. k) Distributions from the trust account may be made only to or for the benefit of the individual. Cash distributions to the individual from the trust shall be considered as income to the individual. Distributions for shelter are considered unearned income and are countable toward income eligibility. l) If exempt resources are purchased with trust funds, those resources continue to be exempt. If non-exempt resources are purchased, those resources are countable toward resource eligibility.