North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 344
5		-	~~Health Care Committee Substitute Adopted 4/9/25~~
	5	+
6	6
7	7		Short Title: Pooled Trust Transfers/Public Benefits Elig. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Senators Galey, Ford, and Alexander (Primary Sponsors).
	9	+	Referred to: Rules and Operations of the Senate
10	10		March 20, 2025
11		-	S344 -v-2
	11	+	S344 -v-1
12	12		A BILL TO BE ENTITLED 1
13	13		AN ACT TO ENSURE THE TRANSFER OF ASSETS FOR FAIR MARKET VALU E TO 2
14	14		POOLED SPECIAL NEEDS TRUSTS BY SENIORS AGE SIXTY-FIVE AND OLDER 3
15	15		DOES NOT ADVERSELY I MPACT ELIGIBILITY FO R MEDICAID OR 4
16	16		STATE-COUNTY SPECIAL ASSISTANCE. 5
17	17		The General Assembly of North Carolina enacts: 6
18	18		SECTION 1.(a) To the extent allowable under federal law, the Department of Health 7
19	19		and Human Services, Division of Health Benefits, shall amend its rules and policies for 8
20	20		determining eligibility for Medicaid, as necessary, to ensure that a transfer of funds by an 9
21		-	individual 65 years of age or older into a trust that conforms with 42 U.S.C. § ~~1396p~~(d)(4)(C) is 10
22		-	treated as a transfer for fair market value under 42 U.S.C. § ~~1396p~~(c)(2)(C)(i) to the extent that 11
	21	+	individual 65 years of age or older into a trust that conforms with 42 U.S.C. § 1369p(d)(4)(C) is 10
	22	+	treated as a transfer for fair market value under 42 U.S.C. § 1369p(c)(2)(C)(i) to the extent that 11
23	23		the individual making the transfer demonstrates that the funds transferred into the trust are 12
24	24		intended to be used by the trustee of the trust, within the life expectancy of the individual, to 13
25	25		provide to the individual goods and services valued at the fair market value of the funds 14
26	26		transferred into the trust. 15
27	27		SECTION 1.(b) To the extent allowable under federal law, the Department of Health 16
28	28		and Human Services shall amend its rules and policies for determining eligibility for 17
29	29		State-County Special Assistance, as necessary, to ensure that a transfer of funds by an individual 18
30	30		65 years of age or older into a trust that conforms with 42 U.S.C. § 1396p(d)(4)(C) is treated as 19
31	31		a transfer for fair market value under 42 U.S.C. § 1382b(c)(1)(C)(iii)(I) to the extent that the 20
32	32		individual making the transfer demonstrates that the funds transferred into the trust are intended 21
33	33		to be used by the trustee of the trust, within the life expectancy of the individual, to provide to 22
34	34		the individual goods and services valued at the fair market value of the funds transferred into the 23
35	35		trust. 24
36	36		SECTION 2. This act is effective when it becomes law. 25