Ohio Administrative Code
Title 5122 - Department of Mental Health and Addiction Services
Chapter 5122-22 - Supplemental Services Fund
Section 5122-22-01 - Trusts for supplemental services
Current through all regulations passed and filed through December 16, 2024
(A) Purpose
The purpose of this rule is to define those supplemental services that may be provided through a trust and to establish standards for the maintenance and distribution to a beneficiary of assets of a trust authorized by section 5815.28 of the Revised Code.
(B) Applicability
This rule applies to the maintenance and distribution of assets from trusts authorized by section 5815.28 of the Revised Code for Ohio residents with mental illness who depend on public assistance for subsistence and for the payment of rehabilitative, supplemental services without jeopardizing the beneficiaries' public assistance.
(C) Definitions
(D) Supplemental services
(E) Standards for maintenance of the trust
(F) Standards for distribution of the trust
(G) In the event it is determined by a state or federal court, the social security administration, the United States department of health and human services, or another federal agency that any expenditures from a supplemental services trust would render a beneficiary ineligible for supplemental security income (SSI), medicaid, or similar programs and thus defeat the purpose of this rule and the enabling legislation, the trustee is to terminate the trust and distribute the trust assets in a manner that ensures the beneficiary's continued eligibility for supplemental security income (SSI), medicaid, or similar programs. In such event, the trustee is is mandated to submit an amount equal to the disbursements made on behalf of the beneficiary for medical care by the state from the date the trust vests, but not more than fifty per cent of the trust corpus to the state treasurer for deposit to the supplemental services fund.
(H) Distribution of funds from the supplemental services fund.