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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 4237 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 7167 |
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| 6 | 6 | | January Session, 2019 |
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| 7 | 7 | | LCO No. 4237 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on HUMAN SERVICES |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (HS) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT AUTHORIZING THE USE OF MILLER TRUSTS TO OBT AIN |
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| 20 | 20 | | MEDICAID ELIGIBILITY. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. (NEW) (Effective July 1, 2019) (a) For purposes of this 1 |
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| 25 | 25 | | section, a "Miller Trust" is a qualifying income trust that allows a 2 |
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| 26 | 26 | | Medicaid applicant to meet program income eligibility guidelines on 3 |
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| 27 | 27 | | an earlier date by holding excess income that may be used for certain 4 |
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| 28 | 28 | | qualifying expenses, including, but not limited to, a spousal allowance, 5 |
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| 29 | 29 | | a personal needs allowance, medical expenses owed by the applicant 6 |
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| 30 | 30 | | after the applicant is determined income-eligible for Medicaid and 7 |
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| 31 | 31 | | Medicaid expenses owed following the death of the applicant. 8 |
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| 32 | 32 | | (b) The Commissioner of Social Services shall amend the Medicaid 9 |
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| 33 | 33 | | state plan to allow a Medicaid applicant to utilize a Miller Trust to 10 |
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| 34 | 34 | | transfer excess income for the purpose of reducing income to a level 11 |
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| 35 | 35 | | that allows the applicant to become eligible for Medicaid. 12 Raised Bill No. 7167 |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | LCO No. 4237 2 of 2 |
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| 40 | 40 | | |
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| 41 | 41 | | This act shall take effect as follows and shall amend the following |
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| 42 | 42 | | sections: |
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| 43 | 43 | | |
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| 44 | 44 | | Section 1 July 1, 2019 New section |
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| 45 | 45 | | |
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| 46 | 46 | | Statement of Purpose: |
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| 47 | 47 | | To authorize Medicaid applicants to utilize Miller Trusts to hold excess |
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| 48 | 48 | | income for the purpose of qualifying for Medicaid. |
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| 49 | 49 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 50 | 50 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 51 | 51 | | not underlined.] |
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| 52 | 52 | | |
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