PM 07-02-15-b: Trusts Established Prior to 08/11/93

WAG 07-02-15-b

A "Medicaid Qualifying Trust" established prior to 08/11/93 is a trust set up (other than by will) by using the individuals and/or spouse's property (real and/or personal) and meets all of the following criteria:

• the individual is the beneficiary of all or part of the trust payments; and
• the amount of potential payments from the trust is determined by one or more trustees who have discretion over how much can be distributed to the individual.

The maximum amount of payment permitted under the terms of a Medicaid Qualifying Trust is considered in determining eligibility for medical assistance regardless of whether the maximum amount is distributed to the individual. The resource value of the trust is only determined once and that is when it is first evaluated by HFS OIG LTC-ADI and the maximum distributable amount is determined.

The maximum amount is only considered in determining eligibility for medical assistance, whether or not the trust is irrevocable or established for reasons other than to qualify for Medicaid.