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

181 iv) If the trust requires income distributions, the amount of the income shall be countable as income in determining eligibility. v) If the trust requires principal distributions, that amount shall be considered as a countable resource. vi) If the trustee may exercise discretion in distributing income or resources, the income or resources are not countable in determining eligibility. If distributions are made for income or resources, such distributions are countable as such for eligibility. e. Federally Approved Trusts i) If an SSI recipient has a trust which has been approved by the Social Security Administration, eligibility for Medical Assistance cannot be delayed or denied. Individuals on SSI are automatically eligible for Medical Assistance despite the existence of a federally approved trust. ii) If the eligibility site has a copy of a federally approved trust, the eligibility site must send a copy to the Department. 7. Submission of Trust Documents and Records a. The trustee of a trust which was established by or which benefits a medical assistance applicant /member shall submit trust documents and records to the eligibility site and to the Department. b. This requirement includes documents and records for income trusts, disability trusts and the joinder agreement for each pooled trust account. c. The eligibility site shall submit any trust which is submitted with an application or at redetermination to The Department. The eligibility site shall determine Medical Assistance eligibility based on the determination of The Department as to the effect of the trust on eligibility. 8.100.7.F. Transfers of Assets Without Fair Consideration