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Bill Detail: HB19-1054

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Title Disability Trust Requirements
Status House Committee on Finance Postpone Indefinitely (04/26/2019)
Bill Subjects
  • Civil Law
House Sponsors
Senate Sponsors
House Committee Finance
Senate Committee
Date Introduced 01/04/2019
Description

Under existing law, a disability trust is not valid unless, among
other requirements, the trust provides that upon the death of the
beneficiary, or termination of the trust during the beneficiary's lifetime,
whichever occurs sooner, the department of health care policy and
financing (department) receives any amount remaining in the trust up to
the total medical assistance paid on behalf of the individual and that no
other person is entitled to payment until the department is fully
reimbursed for any assistance. A disability trust is not valid until the

department ensures that the trust complies with state law and any
applicable rules.
The bill clarifies that a disability trust must provide that the
department receives reimbursement from the trust only upon the death of
the beneficiary, that no other person is entitled to payment until the
department and any other states' medical assistance agencies are fully
reimbursed for any assistance, and that a disability trust is not valid until
the department ensures that the trust also complies with the requirements
of title XIX of the federal social security act.

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