Alaska Administrative Code
Title 7 - Health and Social Services
Part 7 - Medicaid Assistance Eligibility
Chapter 100 - Medicaid Eligibility
Article 11 - Medicaid Treatment of Trusts
7 AAC 100.614 - Pooled trust

Universal Citation: 7 AK Admin Code 100.614

Current through November 28, 2024

(a) To be approved by the department, a pooled trust must

(1) be established and managed by a nonprofit association;

(2) contain the assets of beneficiaries who are blind under 7 AAC 40.140(a) or disabled under 7 AAC 40.170(a);

(3) maintain a separate account for each beneficiary of the trust; the separate account must be established for the sole benefit of the individual beneficiary; for purposes of this paragraph, a separate account is established for the sole benefit of the beneficiary if no person other than the beneficiary benefits from the trust account or a payment from the trust account during the trust account's existence, except as provided in (6) of this subsection;

(4) be irrevocable;

(5) require that each beneficiary's trust account terminate upon a court order or the death of that beneficiary, whichever is earlier; and

(6) provide that any money remaining in a beneficiary's trust account that is not used by the nonprofit association to maintain the pooled trust be paid to the state, up to the total amount of Medicaid paid on behalf of the beneficiary.

(b) In this section, "nonprofit association" includes a governmental body charged with providing guardian services to state residents.

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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