- TO:
- ALL FAMILY SUPPORT OFFICES
- FROM:
- PATRICK LUEBBERING, ACTING DIRECTOR
- SUBJECT:
- EXPANDED SPECIAL NEEDS TRUSTS
- MANUAL REVISION #23
1025.015.04.01
DISCUSSION:
This memorandum announces an expansion to the definition of excluded Special Needs Trusts for MO HealthNet for the Aged, Blind, and Disabled programs.
On December 13, 2016 the President signed into law the 21st Century Cures Act. Section 5007 of this Act allows individuals to establish their own special needs trusts and qualify for the exception to resource counting under Section 1917(d)(4)(A) of the Social Security Act
Trusts established before December 13, 2016 by the individual do not qualify to be excluded, under this new provision.
Special Needs Trusts established on or after December 13, 2016 by the disabled individual, under age 65, may be excluded if they meet all other criteria to be considered a special needs trust.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.
- Continue to submit all trusts to MHN Program & Policy for review.
PL/vb