How to use a pooled SNT to eliminate the Medicaid spend-down.

This Fact Sheet  explains how to use a Pooled Supplemental Needs Trust to eliminate the Medicaid spend-down (updated March 2018) - See SPANISH TRANSLATION. 

N. Y. Social Services Law § 366, subd. 5 (f) - Law enacted Dec. 18, 2017 - NEW LAW  enacted that requires the State Dept. of Health to provide written notice in plain language to an applicant for or recipient of medical assistance who reasonably appears to be eligible for medical assistance except for having income exceeding applicable income levels ... , that in certain circumstances the medical assistance program does not count  income . .. if it is placed in a trust .... The notice shall be included with the eligibility notice ...and shall reference where additional information may be found on the department’s website....”  L. 2018, Ch. 475, enacting A 5175-A /S 1241-A    (Search bill bill number here )

Note that new State forms (486T and 1151) were released in October 2012 for proving disability, as needed for approval of a Supplemental Needs Trust.  See this article for links to the new forms.  

Also note that NYSARC revised its joinder agreement and certain procedures for its Community Trust II in July 2017.  Links to these revised forms are on NYSARC website,  as well as in this article .

WARNING:  , See this warning if the Joinder Agreement is executed using a  Power of Attorney.

Also see these new tools to help clients who want to enroll in pooled trusts, developed by NYLAG:


This article was authored by the Evelyn Frank Legal Resources Program of New York Legal Assistance Group.

NYLAG



Article ID: 6
Last updated: 25 Aug, 2019
Revision: 18
Medicaid -> Supplemental Needs Trusts -> How to use a pooled SNT to eliminate the Medicaid spend-down.
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