Disability Trust Requirements

Under existing law, a disability trust is not valid unless, among other requirements, the trust provides that upon the death of the beneficiary, or termination of the trust during the beneficiary's lifetime, whichever occurs sooner, the department of health care policy and financing (department) receives any amount remaining in the trust up to the total medical assistance paid on behalf of the individual and that no other person is entitled to payment until the department is fully reimbursed for any assistance. A disability trust is not valid until the department ensures that the trust complies with state law and any applicable rules.

The bill clarifies that a disability trust must provide that the department receives reimbursement from the trust only upon the death of the beneficiary, that no other person is entitled to payment until the department and any other states' medical assistance agencies are fully reimbursed for any assistance, and that a disability trust is not valid until the department ensures that the trust also complies with the requirements of title XIX of the federal social security act.

(Note: This summary applies to this bill as introduced.)