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MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL Assets - Assets are all income and resources of the individual including assets to which the individual is entitled or would be entitled if action had not been taken to avoid receiving the assets. F-505 EFFECTIVE DATE Trusts established prior to October 1, 1993, are "deemed" available to the customer and therefore countable, without regard to normal program exclusions, when determining income or resource eligibility. Exception: Medicaid Qualifying Trusts established prior to April 7, 1986, SOLELY for the benefit of a person with an Intellectual Disabilities (ID) who resides in an Intermediate Care Facility (ICF)/ID. Trusts established October 1, 1993, and later may be considered unavailable when determining resource eligibility. F-515 APPLICATION OF TRUST PROVISIONS For trusts established October 1, 1993, and later, the following rules apply without regard to: a. The purpose for which the trust is established; b. Whether the trustee(s) can exercise any discretion under the trust; c. Any restrictions on when or whether distributions can be made from the trust; d. Any restrictions on the use of the distributions from the trust. This means any trust can be counted in determining Medicaid eligibility no matter how specifically a clause or requirement in the trust precludes a trust from being considered under Medicaid rules. Placement of the home of an institutionalized individual in a trust does not result in the home becoming a countable resource. The home continues to be an excluded resource. F-520 TYPES OF TRUSTS How trusts are treated depend on the terms and conditions of the trust. The following are rules for counting various types of trusts. F-520.1 Revocable Trust a. The entire corpus (principal) of the trust is counted as an available resource; b. Any payments from the trust made to or for the benefit of the individual are counted as income; c. Any payments from the trust which are not made to or for the benefit of the individual are considered assets disposed of for less than fair market value and a "look-back" period of 60 months applies. F-520.2 Irrevocable Trust - Payment Can Be Made to Individual If there is any circumstance under which payment can be made to or for the benefit of the individual from all or a portion of the trust, the following rules apply: F-505 TREATMENT OF TRUSTS EFFECTIVE DATE Division of Welfare and Supportive Services Medical Assistance Manual 25 Mar MTL 03/25