GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 344
Short Title: Pooled Trust Transfers/Public Benefits Elig. (Public)
Sponsors: Senators Galey, Ford, and Alexander (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 20, 2025
*S344 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENSURE THE TRANSFER OF ASSETS FOR FAIR MARKET VALU E TO 2
POOLED SPECIAL NEEDS TRUSTS BY SENIORS AGE SIXTY-FIVE AND OLDER 3
DOES NOT ADVERSELY I MPACT ELIGIBILITY FO R MEDICAID OR 4
STATE-COUNTY SPECIAL ASSISTANCE. 5
The General Assembly of North Carolina enacts: 6
SECTION 1.(a) To the extent allowable under federal law, the Department of Health 7
and Human Services, Division of Health Benefits, shall amend its rules and policies for 8
determining eligibility for Medicaid, as necessary, to ensure that a transfer of funds by an 9
individual 65 years of age or older into a trust that conforms with 42 U.S.C. § 1369p(d)(4)(C) is 10
treated as a transfer for fair market value under 42 U.S.C. § 1369p(c)(2)(C)(i) to the extent that 11
the individual making the transfer demonstrates that the funds transferred into the trust are 12
intended to be used by the trustee of the trust, within the life expectancy of the individual, to 13
provide to the individual goods and services valued at the fair market value of the funds 14
transferred into the trust. 15
SECTION 1.(b) To the extent allowable under federal law, the Department of Health 16
and Human Services shall amend its rules and policies for determining eligibility for 17
State-County Special Assistance, as necessary, to ensure that a transfer of funds by an individual 18
65 years of age or older into a trust that conforms with 42 U.S.C. § 1396p(d)(4)(C) is treated as 19
a transfer for fair market value under 42 U.S.C. § 1382b(c)(1)(C)(iii)(I) to the extent that the 20
individual making the transfer demonstrates that the funds transferred into the trust are intended 21
to be used by the trustee of the trust, within the life expectancy of the individual, to provide to 22
the individual goods and services valued at the fair market value of the funds transferred into the 23
trust. 24
SECTION 2. This act is effective when it becomes law. 25