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
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