Section 25.5-6-103 - Court-approved trusts - transfer of property for persons seeking medical assistance - rule-making authority for trusts created on or after July 1, 1994 - undue hardship(1) The state board shall adopt such rules as are necessary with respect to trusts established pursuant to sections 15-14-412.6 to 15-14-412.9. The state board shall adopt rules that address, but need not be limited to, the following: (a) The definition, including any limitations, of permissible distributions from trusts, taking federal guidelines into consideration;(b) Reasonable financial reimbursement or incentives to the state department, county departments of human or social services, and any other designated agencies for the efforts and expenses in monitoring trusts, and where necessary, for the recovery of trust property that has been improperly distributed or otherwise expended.(2) The state board shall comply with Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p(d)(5), as amended, which requires the state medicaid agency to establish procedures, in accordance with standards specified by the secretary of the United States department of health and human services, under which the state medicaid agency may waive the application of the general rules for considering trust property in determining eligibility for medical assistance if the applicant for medical assistance establishes that the application of the general rules would work an undue hardship on the individual.(3) The state department shall determine the feasibility of providing ongoing support of dependents by using the trust corpus during the life of the person for whom a trust is created or using the remainder of the trust after the death of the person for whom the trust was created. If the state department determines that it is feasible to provide that support, the state department shall seek a waiver from the federal government to permit the use of trust property for that purpose.Amended by 2018 Ch. 38,§ 112, eff. 8/8/2018.L. 2006: Entire article added with relocations, p. 1911, § 7, effective July 1. L. 2018: IP(1) and (1)(b) amended, (SB 18-092), ch. 38, p. 445, § 112, effective August 8.This section is similar to former § 26-4-506.6 as it existed prior to 2006.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.