Friday’s post talked about the new state program being developed for delivery of home and community-based Medicaid services (MLTSS), which will require individuals whose income exceeds the income cap to set up a Miller Trust to receive and handle the excess income. The State has actually published a Notice of Proposal, announcing its intent to ask the federal government to allow it to do away with the Medically Needy Medicaid Program for residents in nursing homes whose income exceeds the “income cap” ($2,163/month in 2014), and replace it with the MLTSS which will require the use of a Miller Trust.
The Miller Trust is also called a Qualified Income Trust. Friday’s post discussed the need for new applicants for home-based or assisted living Medicaid services to first establish their Miller Trust before filing the application. The State is now forewarning that people who reside in nursing homes may need to engage counsel to prepare a Miller trust for them in order for their benefits to continue.
The exact implementation date for the proposal is not known at this time. Further, it is possible that existing Medically Needy Medicaid recipients will be “grandfathered” so that new trusts are not necessary. As of now, there are many questions left to be answered. However, you should begin thinking about who you’ll want as trustees to handle the responsibilities of managing the income, the trust and the benefits once the program is implemented if you have income in excess of the cap. The trustee may be your Power of Attorney or if necessary, your Guardian, or any other sensible, reliable, trustworthy individual who helps you out.
Our firm prepares specialized trusts for clients with disabilities and on Medicaid, and we are ready to prepare Miller Trusts that are appropriate for your situation.
Contact us regarding Medicaid eligibility, applications, appeals and trusts … 732- 382-6070 http://www.finkrosner.com/contact.html