Q My mother afresh accustomed apprehension that, because the accompaniment is implementing Section 1634 of the Social Security Act, she may not be able to use her medical bills to “spend down” her assets to authorize for a Medicaid Waiver Program. What can we can do?
A Your mother (or her acknowledged guardian or banking ability of advocate agent) can accessible a Able Assets Trust, which may admonition authorize her for a Medicaid program. A QIT, additionally alleged a “Miller Trust,” is a appropriate acknowledged adjustment that allows your mother to put some of her annual assets into the easily of a trustee, who is amenable for authoritative abiding the assurance assets is broadcast appropriately. Assets placed in the QIT will not be counted back your mother’s Medicaid affairs accommodation is evaluated.
Q How is a QIT altered from added types of trusts?
A Unlike added trusts, the QIT:
• Allegation be adjourned by assets alone and cannot absorber added assets;
• Can accommodate alone the called individual’s assets (e.g., from a pension, Social Security, etc.);
• Cannot accommodate conjugal or ancestors resources;
• Is certain (cannot be canceled);
• Allegation be appropriately accomplished and name the accompaniment as a beneficiary; and
• Allows the accompaniment to balance any actual assets afterward the beneficiary’s death.
Q How can my mother use the money in the QIT?
A Your mother can use the QIT money for medical costs and assistance, and for a annual claimed or aliment allowance for herself and, if applicable, for her apron or any ancestors dependents.
Q How would my mother set up a QIT?
A If the accompaniment notified her about the Social Security Act change, the Ohio Department of Medicaid will accommodate a vendor’s casework to admonition her, or she can set up a QIT application her own resources. She can get a accepted QIT anatomy at medicaid.ohio.gov/Portals/0/Initiatives/DDR/QIT-template.pdf. Even if your mother uses the state’s vendor, she should seek acknowledged admonition back creating a QIT.
Q How does the assurance work?
A If a accompaniment bell-ringer helps your mother set up the QIT, again the bell-ringer will additionally brainwash her about the QIT and admonition her accessible a coffer annual for assurance deposits. Your mother, the applicant, allegation again accommodate the assurance admonition to the county’s Medicaid office, for accommodation processing. Your mother (or her guardian or ability of attorney) will again accomplish annual deposits to her QIT account, and the accompaniment will adviser these assurance transactions.
Q Allegation my mother accessible a new coffer annual for the QIT?
A Yes. She allegation actualize a coffer annual to be acclimated alone for QIT deposits. The state’s bell-ringer can admonition her assignment with banking institutions, and she can accessible her annual in any coffer that provides this service. The coffer may allegation a fee to administrate the QIT account.
Q Once my mother’s QIT is established, what happens?
A Your mother allegation again accommodate the assurance admonition to the bounded canton appointment of Ohio Department of Job and Ancestors Casework for accommodation processing. Your mother allegation accord affidavit that a QIT has been established. Her county’s appointment of the ODJFS will certificate this admonition and action your mother’s Medicaid affairs eligibility. The QIT allegation accept been accustomed and in use ancient during the ages she applies for Medicaid benefits.
Q Who is amenable for authoritative my mother’s assurance deposits?
A Your mother, or her ability of advocate abettor or guardian, is amenable for authoritative annual QIT annual deposits. The bulk of the drop will depend on her assets and will change whenever her assets changes.
Q Who is amenable for authoritative distributions from the QIT?
A The being called as trustee in the QIT allegation accomplish abiding all assets is broadcast from the QIT to the annual provider, the allowance carrier and/or to your mother’s allowance account. The trustee can be an alone (often a ancestors member, but this is not required), or a banking academy or a nursing home/health affliction facility. The trustee allegation be accurate to pay all assets owed to the nursing home every month. Back a Medicaid almsman dies, the accompaniment is advantaged to actual assurance annual funds up to the bulk of funds the accompaniment has spent. Because the Accompaniment of Ohio is the primary beneficiary, the assurance annual funds are not a accountable resource.
Q Where can I acquisition added admonition about QITs?
A For admonition about how QITs work, appointment benefits.ohio.gov/DDR.html, and bang on the red “Check if you are impacted” button, or appointment medicaid.ohio.gov/Portals/0/Initiatives/DDR/FAQ-QIT.pdf.
• To appearance Ohio Administrative Cipher sections about QITs, appointment codes.ohio.gov/oac/5160:1-6-03.2.
• For an overview of the federal law change and its QIT implications, appointment www.healthtransformation.ohio.gov/LinkClick.aspx?fileticket=AOwt2SKQd68=&tabid=117.
This “Law You Can Use” cavalcade was provided by the Ohio Accompaniment Bar Association. It was able by Richard F. Meyer, Esq., a founding accomplice of Browning & Meyer Co., LPA in Worthington and an OSBA-Certified Specialist in Estate Planning, Trusts and Probate Law. The cavalcade offers accepted admonition about the law. Seek an attorney’s admonition afore applying this admonition to a acknowledged problem.
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