Medicaid Policy
Trusts Created on or after August 11, 1993.
Trust was created by the client or spouse using their own assets.
|
TYPE |
AVAILABLE ASSET |
INCOME COUNTED? |
TRANSFER OF ASSETS |
LOOK BACK PERIOD |
|
Revocable |
Entire trust available |
Payments to or for benefit of client or spouse counted as income. |
Payments to others do not benefit client or spouse are transfers. |
60 months. |
|
Irrevocable. Payments can be made from all or from some part of the trust. |
Portion from which payments can be made is available. |
Payments to or for benefit of client or spouse counted as income. |
Payments from available portion to others, which do not benefit client or spouse, are transfers. |
36 months for transfer from available portion. |
|
Irrevocable. Payments cannot be made from either all or some portion of trust. |
Portion from which payments can not be made is not available. |
|
Portion which has been made unavailable is a transfer. |
60 months from the portion made unavailable. |