Supplemental Needs Trusts Excluded from MA Eligibility
As a result of a recent Fair Hearing decision, all income deposited
into a "pooled trust," without restriction to dollar amount or frequency
of deposit, is to be exempted. when determining Medicaid eligibility. A
"pooled trust" is a Supplemental Needs Trust (SNT) that hasits assets
pooled with the assets of others, but is managed as a separate account
for the person for whose benefit the trust was established. SNTs are
trusts established for the benefit of an individual of any age with a
severe and/or chronic or persistent impairment.
However, transfers of income or resources to any SNT (pooled or
otherwise) of an institutionalized consumer age 65 or older are subject
to potential transfer penalties.
All cases with trusts of any kind are forwarded to the HRA, Office of
Legal Affairs-Litigation Division prior to an eligibility determination'
for review and recommendation.
NYC Medicaid Alerts are a Periodic service of the NYC
Human Resources Administration
Medical Assistance Programs
Office of Eligibility
330 West 34th Street
New York, NY 10001
Iris R. Jimenez–Hernandez,
Executive Deputy Commissioner
Eligibility Information Services
NYSARC Medicaid Facts Alert
NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207 PH: (518) 463-3200 FX: (518) 487-5517