2022 Regular Session ENROLLED
SENATE RESOLUTION NO. 104
BY SENATOR FRED MILLS
A RESOLUTION
To urge and request the Louisiana Department 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.
WHEREAS, Medicaid and Supplemental Security Income (SSI) provide a basic level
of support for food, shelter, and medical care; and
WHEREAS, Medicaid and SSI law permit "(d)(4)(C)" or "pooled trusts" for
beneficiaries with special needs; and
WHEREAS, a pooled trust is a type of special needs trust established under federal
and state law for the benefit of disabled beneficiaries of any age and may be created by the
beneficiary himself; and
WHEREAS, a pooled trust combines the resources of many beneficiaries and is
managed by a nonprofit association; and
WHEREAS, a pooled trust can provide for the needs and comfort of a beneficiary
beyond basic support; and
WHEREAS, any assets remaining in the beneficiary's separate account upon death,
to the extent not retained by the pooled trust, first must be used to reimburse the state
Medicaid program that has provided medical assistance for the beneficiary; and
WHEREAS, current Louisiana Medicaid program policy does not permit Medicaid
enrollees over the age of sixty-five to participate in a pooled trust.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana Department 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.
Page 1 of 2 SR NO. 104 ENROLLED
BE IT FURTHER RESOLVED that the department shall make a written report of
its findings on the desirability and feasability of permitting Medicaid enrollees over the age
of sixty-five to participate in a pooled trust to the Senate Health and Welfare Committee no
later than February 1, 2023.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health.
PRESIDENT OF THE SENATE
Page 2 of 2