§ 1414. Special needs trusts
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 62 P.S. Poor Persons and Public WelfareEffective: July 7, 2005
Effective: July 7, 2005
62 P.S. § 1414
§ 1414. Special needs trusts
(iii) That, upon the death of the beneficiary or upon the earlier termination of the trust, the department and any other state that provided medical assistance to the beneficiary must be reimbursed from the funds remaining in the trust up to an amount equal to the total medical assistance paid on behalf of the beneficiary before any other claimant is paid: Provided, however, That in the case of an account in a pooled trust, the trust shall provide that no more than fifty percent of the amount remaining in the beneficiary's pooled trust account may be retained by the trust without any obligation to reimburse the department.
(4) The department, upon review of the trust, must determine that the trust conforms to the requirements of Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.), this section, any other State law and any regulations or statements of policy adopted by the department to implement this section.
(c) If at any time it appears that any of the requirements of subsection (b) are not satisfied or the trustee refuses without good cause to make payments from the trust for the special needs of the beneficiary and, provided that the department or any other public agency in this Commonwealth has a claim against trust property, the department or other public agency may petition the court for an order terminating the trust.
“Pooled trust” means a trust subject to the act of December 9, 2002 (P.L. 1379, No. 168),1 known as the “Pooled Trust Act.”
“Special needs” means those items, products or services not covered by the medical assistance program, insurance or other third-party liability source for which a beneficiary of a special needs trust or his parents are personally liable and that can be provided to the beneficiary to increase the beneficiary's quality of life and to assist in and are related to the treatment of the beneficiary's disability. The term may include medical expenses, dental expenses, nursing and custodial care, psychiatric/psychological services, recreational therapy, occupational therapy, physical therapy, vocational therapy, durable medical needs, prosthetic devices, special rehabilitative services or equipment, disability-related training, education, transportation and travel expenses, dietary needs and supplements, related insurance and other goods and services specified by the department.
“Special needs trust” means a trust or an account in a pooled trust that is established in compliance with this section for a beneficiary who is an individual who is disabled, as such term is defined in Title XVI of the Social Security Act (42 U.S.C. § 1382c(a)(3)), as amended, consists of assets of the individual and is established for the purpose or with the effect of establishing or maintaining the beneficiary's resource eligibility for medical assistance.
1967, June 13, P.L. 31, No. 21, art. 14, § 1414, added 2005, July 7, P.L. 177, No. 42, § 9, imd. effective.
<For validity of 62 P.S. § 1414, see Lewis v. Alexander, 685 F.3d 325 (3rd Cir. 2012), certiorari denied by 133 S.Ct. 933, 184 L.Ed.2d 724 (2013).>
62 P.S. § 1965.1 et seq. (repealed); see, now, 20 Pa.C.S.A. § 7799.3
62 P.S. § 1414, PA ST 62 P.S. § 1414
Current through 2018 Regular Session Act 9
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