Okla. Admin. Code § 340:75-13-30

Current through Vol. 42, No. 7, December 16, 2024

Section 340:75-13-30 - Special needs trust

When a child in Oklahoma Department of Human Services (DHS) custody does not use all of the Supplemental Security Income (SSI) received, per Oklahoma Administrative Code (OAC) 340:75-13-29, the accrued funds may be transferred into a special needs trust (SNT), per OAC 317:35-5-41.

(1) The assets in an SNT do not count toward the Medicaid or SSI resource limits when:

(A) the trust established is irrevocable and may only be amended with DHS agreement;

(B) the trust beneficiary is disabled and younger than 65 years of age when the trust is created and funded;

(C) the trust beneficiary meets the SSI definition of a disabled person;

(D) the trust is created by the beneficiary's parent, grandparent, legal guardian, or a court; and

(E) Medicaid is reimbursed after the beneficiary dies, to the extent of Medicaid funds spent on the beneficiary.

(2) The child welfare (CW) specialist contacts DHS Legal Services for assistance to create an SNT. The Finance and Business Operations Social Security specialist is notified and SNT approval or denial is requested.

Okla. Admin. Code § 340:75-13-30

Added at 22 Ok Reg 1270, eff 5-26-05

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020