Page 7
The resource assessment (RA) date (or snapshot, as it is sometimes called) is determined as explained in Section 2635.10.10 if the waiver spouse has a prior continuous period of institutionalization or receipt of Health and Wellness, PathWays, Traumatic Brain Injury, or MFP services. Example: The married applicant was hospitalized on May 10 and then discharged on May 30 to a nursing home. The waiver was approved on December 1. The member was released from the facility on the same day. The resource assessment date is May 10. If the waiver spouse has never had a prior continuous period of institutionalization nor received waiver services, the snapshot date is either the date of application or date of the initial service plan approval, whichever is later (in the eligibility system, this is displayed as PEND FOR AID AND ELIGIBILITY). The Community Spouse Resource Allowance used in the resource eligibility determination is the same as that used for institutionalized situations and is specified in Chapter 3000. 3320.10.00 MILLER TRUSTS Qualifying Income Trusts (QIT), commonly referred to as Miller Trusts, are exceptions to the trust provisions outlined in Section 2615.75.20. Trust is established for the benefit of a waiver applicant/recipient whose eligibility is being determined using the Special Income Level test. The terms of the trust must specify the following: • The trust is to be funded only by the income of the individual including accumulated interest on that income. • Trust will not be funded with the individual’s resources, nor the income or resources of other people. • Upon the death of the individual, the State of Indiana will receive all remaining funds in the trust up to the amount of Medicaid expenditures paid on the individual’s behalf. • If the right to receive the income is assigned or otherwise transferred in title to the trust, the QIT exception is nullified. The Miller trust should be irrevocable thereby making accumulated funds in the trust exempt as resources. When income is placed into a Miller Trust, a transfer of property violation does not occur if the trust specifies that income placed into the trust will in turn be paid out of the trust for medical care, including nursing home care and home and community-based services, provided to the individual.