Wash. Admin. Code § 182-516-0120 - Irrevocable self-settled trusts for a disabled client under age sixty-five established on or after August 11, 1993
(1) This section governs how the agency or
the agency's designee treats self-settled trusts, for a disabled client under
age sixty-five established under
42
U.S.C. 1396p(d)(4)(a) on or
after August 11, 1993, for medicaid eligibility purposes.
(2) A self-settled trust established on or
after August 11, 1993, is not an available resource if:
(a) The beneficiary is under age sixty-five
and disabled under WAC
182-512-0050(1)(c)
when the trust is established;
(b)
The trust is irrevocable;
(c) The
trust was established for the sole benefit of that beneficiary;
(d) The trust was established by the
beneficiary's parent, the beneficiary's grandparent, the beneficiary's legal
guardian, by a court, or on or after December 13, 2016, the beneficiary;
and
(e) The trust says that the
states that have spent medicaid funds for the beneficiary will receive all
amounts remaining in the trust up to the amount of medicaid funds spent for the
beneficiary.
(i) For trusts established from
August 11, 1993, to July 31, 2003, the trust must pay the states when the
beneficiary dies.
(ii) For trusts
established on or after August 1, 2003, the trust must pay the states when the
beneficiary dies, the trust terminates, or the beneficiary's disability
ends.
(3) The
medicaid agency or the agency's designee does not apply a penalty period to a
beneficiary for asset transfers into a trust, described under subsection (2) of
this section, when the beneficiary is under age sixty-five as of the date of
the transfer.
(4) Assets in trusts
under subsection (2) of this section continue to be unavailable resources, even
after the beneficiary turns age sixty-five.
(5) Asset transfers to the trust from the
beneficiary, after the beneficiary turns age sixty-five, may be subject to a
transfer penalty under WAC
182-513-1363.
(6) If a trust does not meet the requirements
under subsection (2) of this section, see WAC 182-516-0130.
Notes
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