Library: Policy

340:75-13-30. Special needs trust

Revised 9-15-20

When a child in Oklahoma Department of Human Services (DHS) custody does not use all of the Supplemental Security Income (SSI) received, per Oklahoma Administrative Code (OAC) 340:75-13-29, the accrued funds may be transferred into a special needs trust (SNT), per OAC 317:35-5-41.

(1) The assets in an SNT do not count toward the Medicaid or SSI resource limits when:

(A) the trust established is irrevocable and may only be amended with DHS agreement;

(B) the trust beneficiary is disabled and younger than 65 years of age when the trust is created and funded;

(C) the trust beneficiary meets the SSI definition of a disabled person;

(D) the trust is created by the beneficiary's parent, grandparent, legal guardian, or a court; and

(E) Medicaid is reimbursed after the beneficiary dies, to the extent of Medicaid funds spent on the beneficiary.

(2) The child welfare (CW) specialist contacts DHS Legal Services for assistance to create an SNT.The Finance and Business Operations Social Security specialist is notified and SNT approval or denial is requested.  • 1 & 2

INSTRUCTIONS TO STAFF 340:75-13-30

Revised 9-15-20

1.Assistance from Oklahoma Department of Human Services (DHS) Legal Services (LS).DHS LS, is available to assist the trust attorney by:

(1) reviewing the final draft documents before presenting them to the judge;

(2) correcting errors;

(3) sending the attorney a letter confirming the document meets Medicaid and Supplemental Security Income (SSI) requirements necessary to exempt the trust corpus and income when determining Medicaid and SSI eligibility; and

(4) signing pleadings the judge deems necessary.

2.Name of the bank account of a special needs trust.The special needs trust bank account includes the trustee's name, for example, when John Doe is the trustee for Jane Smith's trust, the bank account is titled, "John Doe, Trustee of the Jane Smith Irrevocable Trust."