Page 16

UNOFFICIAL 1725.1-16

specifically designated for the individual or immediate household member; (10) All funds contained in a trust established after August 10, 1993 for a disabled (as

defined in section 17-1719-8) individual under sixty-five years of age established under 42 U.S.C. §1396p(d)(4)(A) that meets the following conditions: (A) The trust was established with the assets of the disabled individual solely for the benefit of the individual by a parent, grandparent, legal guardian or by a court; and (B) The State will receive all amounts remaining in the trust upon the death of the disabled individual up to an amount equal to the total medical assistance received by the individual; (11) All funds contained in a trust established after August 10, 1993 for a disabled (as defined in section 17-1719-8) individual under sixty-five years of age, established and managed by a non-profit association established under 42 U.S.C. §1396p(d)(4)(C) that meets the following conditions: (A) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust may pool these accounts; (B) The accounts in the trust were established with the assets of the disabled individual solely for the benefit of the individual by a parent, grandparent, legal guardian or by a court; and (C) The State will receive all amounts remaining in the disabled individual's account in the trust upon the death of the disabled individual up to an amount equal to the total medical assistance received by the individual;