S.B. 454                                                   VETOES

(B) IN ENACTING THIS SECTION, THE GENERAL ASSEMBLY INTENDS ONLY TO
LIMIT CERTAIN COURT-APPROVED TRUSTS AND COURT-APPROVED TRANSFERS OF
PROPERTY INCOME. IT IS NOT THE GENERAL ASSEMBLY'S INTENT TO APPROVE OR
DISAPPROVE OF PRIVATELY CREATED TRUSTS OR PRIVATE TRANSFERS OF
PROPERTY INCOME MADE UNDER THE SAME OR SIMILAR CIRCUMSTANCES.

(C) (1) THE LOCAL DEPARTMENT OF SOCIAL SERVICES SHALL DETERMINE

IF AN APPLICANT FOR MEDICAL ASSISTANCE FOR NURSING FACILITY CARE MEETS

APPLICABLE ELIGIBILITY CRITERIA FOR ASSISTANCE AS PROVIDED UNDER

FEDERAL AND STATE LAW AND ANY APPLICABLE REGULATIONS OTHER THAN THE

ELIGIBILITY CRITERIA SET FORTH IN SUBSECTION (D) OF THIS SECTION.

(2) AFTER DETERMINING ELIGIBILITY, AND IN ACCORDANCE WITH
SUBSECTION (D) OF THIS SECTION, THE LOCAL DEPARTMENT OF SOCIAL SERVICES
SHALL MAKE A DETERMINATION OF THE STATUS OF ANY COURT-APPROVED TRUST
ESTABLISHED FOR OR COURT-APPROVED TRANSFER OF PROPERTY INCOME MADE
BY OR FOR THE APPLICANT.

(D) (1) IF AN INDIVIDUAL WHO APPLIES FOR MEDICAL ASSISTANCE FOR
NURSING FACILITY CARE WOULD BE CONSIDERED INELIGIBLE FOR ASSISTANCE AS
A RESULT OF DEEMING A COURT-APPROVED TRUST ESTABLISHED FOR THE

APPLICANT AS A MEDICAID, QUALIFYING TRUST OR AS A RESULT OF DEEMING
PROPERTY INCOME IN THE COURT-APPROVED TRUST AS AN IMPROPER TRANSFER
OF ASSETS, THE LOCAL DEPARTMENT OF SOCIAL SERVICES SHALL, NONETHELESS,
CONSIDER THE INDIVIDUAL'S APPLICATION AS A CASE OF UNDUE HARDSHIP AND
CONSIDER THE INDIVIDUAL ELIGIBLE FOR MEDICAL ASSISTANCE FOR NURSING
FACILITY CARE IF THE COURT-APPROVED TRUST MEETS THE FOLLOWING
CRITERIA:                          

(I) THE APPLICANT'S MONTHLY GROSS INCOME FROM ALL
SOURCES, WITHOUT REFERENCE TO THE COURT-APPROVED TRUST, EXCEEDS THE
INCOME ELIGIBILITY STANDARD FOR MEDICAL ASSISTANCE AS SET BY THE
DEPARTMENT BY REGULATION, BUT IS LESS THAN THE AVERAGE PRIVATE PAY
RATE FOR NURSING FACILITY CARE FOR THE GEOGRAPHIC REGION IN WHICH THE
APPLICANT LIVES;

(II) THE PROPERTY INCOME USED TO FUND THE TRUST IS LIMITED

TO MONTHLY UNEARNED INCOME OWNED BY THE APPLICANT, INCLUDING ANY
PENSION PAYMENT;

(III) THE APPLICANT AND THE PROGRAM ARE THE SOLE
BENEFICIARIES OF TOE TRUST;

(IV) UPON THE DEATH OF THE BENEFICIARY, A REMAINDER
INTEREST IN THE CORPUS OF THE TRUST PASSES TO THE DEPARTMENT, AS. THE
STATE AGENCY RESPONSIBLE FOR ADMINISTERING THE MARYLAND MEDICAL
ASSISTANCE PROGRAM; AND

(V) UNLESS, OTHERWISE PROVIDED UNDER THIS SECTION OR
§ 14-108 OF THE ESTATES, AND TRUSTS ARTICLE, THE TRUST IS NOT SUBJECT TO
MODIFICATION BY THE BENEFICIARY OR THE TRUSTEE.

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