Section 42-4-113 - Eligibility Criteria; Irrevocable Burial Trusts

42-4-113. Eligibility criteria; irrevocable burial trusts. (a) The department shall not consider as assets available to an applicant seeking medical assistance the corpus of a Medicaid qualifying trust: (i) That is irrevocable; (ii) In which the trustee and trustor retain no discretion with respect to distributions to the applicant; (iii) In which the income from the trust shall be transferred to the applicant at least annually; (iv) In which the trust corpus shall not exceed five thousand dollars ($5,000.00); and (v) In which the trust corpus is specifically and irrevocably designated, assigned, or pledged for payment of the applicant's burial expenses. (b) If any of the trust corpus remains after payment of burial expenses, that remainder shall be transferred to the department to be used in the medical assistance program.