SLS 22RS-978 ORIGINAL
2022 Regular Session
SENATE RESOLUTION NO. 104
BY SENATOR FRED MILLS
MEDICAID. Requests the Louisiana Department of Health to study and make
recommendations on the use of pooled trusts by certain Medicaid enrollees over the age of
65.
1 A RESOLUTION
2 To urge and request the Louisiana Department of Health to study and report on the
3 desirability and feasability of extending eligibility for the use of a pooled trust to
4 Medicaid enrollees over the age of sixty-five.
5 WHEREAS, Medicaid and Supplemental Security Income (SSI) provide a basic level
6 of support for food, shelter, and medical care; and
7 WHEREAS, Medicaid and SSI law permit "(d)(4)(C)" or "pooled trusts" for
8 beneficiaries with special needs; and
9 WHEREAS, a pooled trust is a type of special needs trust established under federal
10 and state law for the benefit of disabled beneficiaries of any age and may be created by the
11 beneficiary himself; and
12 WHEREAS, a pooled trust combines the resources of many beneficiaries and are
13 managed by a nonprofit association; and
14 WHEREAS, a pooled trust can provide for the needs and comfort of a beneficiary
15 beyond basic support; and
16 WHEREAS, any assets remaining in the beneficiary's separate account upon death,
17 to the extent not retained by the pooled trust, first must be used to reimburse the state
18 Medicaid program that has provided medical assistance for the beneficiary; and
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SLS 22RS-978 ORIGINAL
1 WHEREAS, current Louisiana Medicaid program policy does not permit Medicaid
2 enrollees over the age of sixty-five to participate in a pooled trust.
3 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
4 does hereby urge and request the Louisiana Department of Health to study and report on the
5 desirability and feasability of extending eligibility for the use of a pooled trust to Medicaid
6 enrollees over the age of sixty-five.
7 BE IT FURTHER RESOLVED that the department shall make a written report of
8 its findings on the desirability and feasability of permitting Medicaid enrollees over the age
9 of sixty-five to participate in a pooled trust to the Senate Health and Welfare Committee no
10 later than February 1, 2023.
11 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
12 secretary of the Louisiana Department of Health.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Brandi Cannon.
DIGEST
SR 104 Original 2022 Regular Session Fred Mills
Requests the La. Dept. of Health to study and report on the desirability and feasability of
extending eligibility for the use of a pooled trust to Medicaid enrollees over the age of
sixty-five.
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