182-516-0105  <<  182-516-0110 >>   182-516-0115

WAC 182-516-0110

Self-settled trusts overview.

(1) A trust containing the assets of a beneficiary's spouse may be a self-settled trust based on the date it was established. For specific rules regarding this, see WAC 182-516-0130.
(2) To determine whether the assets of the self-settled trust should be counted as income, a resource, or an asset transfer, the medicaid agency or the agency's designee applies the following rules based on when the trust was established:
(a) For revocable self-settled trusts, see WAC 182-516-0115.
(b) For irrevocable self-settled trusts for a disabled client under age sixty-five established on or after August 11, 1993, see WAC 182-516-0120.
(c) For irrevocable pooled self-settled trusts for a disabled client established on or after August 11, 1993, see WAC 182-516-0125.
(d) For all other irrevocable self-settled trusts:
(i) Established on or after August 11, 1993, see WAC 182-516-0130.
(ii) Established before August 11, 1993, see WAC 182-516-0135.
[Statutory Authority: RCW 41.05.021, 41.05.160 and 42 U.S.C. 1396p. WSR 18-04-037, ยง 182-516-0110, filed 1/30/18, effective 3/2/18.]
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