Page 93

COMAR 10.09.24.01-.16 1693 State of Maryland Medical Assistance Manual Revised July 2012

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Page 93

COMAR 10.09.24.01-.16 1693 State of Maryland Medical Assistance Manual Revised July 2012

(j)Trust distributions may not be used to supplement…#

(j) Trust distributions may not be used to supplement Medical Assistance payments to any health care provider delivering goods or services to the beneficiary;

(k)Trust assets may not be used to compensate family…#

(k) Trust assets may not be used to compensate family members of the beneficiary for serving the beneficiary in any way, including caring for the beneficiary, accompanying the beneficiary on travel, providing companionship to the beneficiary, or serving as trustees or members of a trust advisory committee;

(l)Trust assets may not be used to purchase gifts; (m)…#

(l) Trust assets may not be used to purchase gifts; (m) Trust assets may not be used to purchase a life insurance policy on the life of the beneficiary; (n) Trust assets may only be used to purchase a life insurance policy on the life of someone other than the trust beneficiary if the trust is the only beneficiary of the life insurance policy;

(o)Trust assets may not be used to purchase an annuity on…#

(o) Trust assets may not be used to purchase an annuity on the life of the beneficiary unless the annuity provides that:

(i) The final payment to the trust shall be made before the beneficiary is 65 years old; and

(ii)If the beneficiary dies before the final payments have…#

(ii) If the beneficiary dies before the final payments have been made, the remaining payments shall be paid directly to the State until the total Medical Assistance benefits paid on behalf of the beneficiary have been reimbursed;

(p) The trust may not loan trust assets without security, which may include an interest in real or personal property of at least equivalent value;

(q) The trust may only make loans if the loan agreement provides for immediate repayment in the event of the death of the beneficiary or termination of the trust for any other reason;

(r) The only real property in which the trust may invest is in a single home property, which is used as the residence of the beneficiary and is titled in the name of the trust;

(s) The trust may not disburse more than $100,000 for the purchase of property without the approval of the State circuit court in the jurisdiction in which the beneficiary resides;

(t) An annual accounting of the trust, including a listing of current assets, income, and itemized distributions during the previous year, shall be sent to the Maryland Medical Assistance Program, Division of Recoveries and Financial Services;

(u) Trust assets may not be used to pay funeral expenses of the beneficiary but may be used to purchase an irrevocable burial contract for the beneficiary to cover the beneficiary's funeral and burial expenses;