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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 47 Chapter 24 Long Term Care
• Accounts in the trusts are established solely for the benefit of the disabled individual; • Accounts in the trusts are established by the individual, his parent, grandparent, legal guardian or by a court; and, • The trust must include a specific provision that amounts remaining in the individual's account that are not retained by the trust upon the client's death, must be used to reimburse the State for Medicaid and/or WV WORKS payments which were made on the individual's behalf. 3. Burial trusts which meet all the following conditions: • The individual signs a contract with the funeral director promising prepayment in return for specific funeral merchandise and services; • The contract is irrevocable; • The individual pays the agreed-upon amount to the funeral director in the form of a direct cash payment, purchase or transfer of a life insurance policy or annuity which is assigned to the funeral director; and, • The funeral director, in turn, places the pre-need payment or device into a trust or escrow account which the funeral director establishes himself. If the client establishes the trust or other device himself, the amount may be considered a transfer of resources. 4. A trust established with a settlement or funds received from the following: • Factor VIII or IX Concentrate Blood Products Litigation, MDL 986, No. 93-C- 7452, ND of Illinois • Ricky Ray Hemophilia Relief Fund • Walker v. Bayer Settlement which compensates hemophiliacs who contracted the Human Immunodeficiency Virus (HIV) from contaminated blood products NOTE: When an individual is approved for Medicaid and has an excluded trust described above, for which Medicaid must be the beneficiary, the Worker must fax a copy of the trust document and the Medicaid client’s name, case number and name of the client’s power-of-attorney or authorized representative, if applicable, to the current contract agency for Estate Recovery. Information about this agency is in Appendix E.