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AR HB1577

Bill

Status

Introduced

3/1/2021

Primary Sponsor

Jack Ladyman

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Adds new Subchapter 7 to Arkansas Code Title 28, Chapter 72 to establish legal framework for Qualified Income Trusts (Miller Trusts) used to establish Medicaid income eligibility

  • Defines "agent" as any of the following authorized to create or manage the trust: child, spouse, sibling, attorney-in-fact, guardian of the estate, or Social Security representative payee

  • Income transferred into a qualified income trust shall not be counted when determining Medicaid financial eligibility, while untransferred income may still be considered

  • Specifies allowable monthly expenses that may be paid from the trust, including personal needs expenses (capped by Medicaid limits), trustee and bank fees, mandatory court-ordered payments, community and dependent spouse allowances, and medical expenses

  • Requires written approval from the Department of Human Services before any amendments to a qualified income trust can be made, and permits the state to recover residual trust amounts upon the beneficiary's death up to total medical assistance paid

Legislative Description

To Provide For A Qualified Income Trust, Also Known As A "miller Trust".

Last Action

WITHDRAWN BY AUTHOR

3/22/2021

Committee Referrals

Judiciary3/1/2021

Full Bill Text

No bill text available