182-516-0140  <<  182-516-0145 >>   182-516-0200

WAC 182-516-0145

Irrevocable trusts containing both assets of the beneficiary and third-party assets.

(1) For irrevocable trusts that contain both assets of the beneficiary and third-party assets, the medicaid agency or the agency's designee treats the assets of the beneficiary under the self-settled trust rule in effect as of the date of the trust's establishment:
(a) After August 11, 1993:
(i) For irrevocable self-settled trusts for a disabled client under age sixty-five, see WAC 182-516-0120;
(ii) For irrevocable pooled self-settled trusts for a disabled client, see WAC 182-516-0125; and
(iii) For all other trusts, see WAC 182-516-0130.
(b) Before August 11, 1993, see WAC 182-516-0135.
(2) For irrevocable trusts that contain both assets of the beneficiary and third-party assets, the agency or the agency's designee treats third-party assets under the third-party trust rules under WAC 182-516-0140.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 19-02-047, § 182-516-0145, filed 12/27/18, effective 1/27/19. Statutory Authority: RCW 41.05.021, 41.05.160 and 42 U.S.C. 1396p. WSR 18-04-037, § 182-516-0145, filed 1/30/18, effective 3/2/18.]
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