Appendix XXXVI, QITs and MEPD Information

Revision 26-1; Effective March 1, 2026

The Texas Health and Human Services Commission (HHSC) offers this information. It helps people applying for Medicaid and their attorneys. It provides basic information to use a qualified income trust (QIT), sometimes referred to as a Miller Trust, to meet Medicaid for the Elderly and People with Disabilities ( MEPD) eligibility requirements. There is a link to a model instrument at the end of this document. It is an example of a QIT that meets MEPD requirements when properly completed. This form meets the basic MEPD requirements for a QIT, but it is not the only acceptable QIT form. It may have consequences beyond Medicaid eligibility that a person should consider.

HHSC attorneys are prohibited from giving legal advice to the public. HHSC staff, supervisors and other HHSC non-attorneys are prohibited from recommending specific actions to become eligible for Medicaid. Doing so may constitute the unauthorized practice of law.

This information is not intended as legal advice. People seeking information on the legal consequences of these documents should consult an attorney of their choice.

HHSC only reviews trust documents related to the processing of a Medicaid application. The review by HHSC is limited to a determination that the trust meets the requirements for a Medicaid QIT.

People with low or limited income may be able to get legal counsel through their local legal aid office, local area agency on aging, local bar association, National Academy of Elder Law Attorneys, lawyer referral service, Advocacy Inc. or the State Bar of Texas.