The big question for me is if I use part of my income for one of these special 
needs trusts, is my income reduced so that I can meet my Medicaid requirements 
for assistance?

      From: Jim Lubin <>
 To: Quad-list <> 
 Sent: Thursday, August 10, 2017 9:39 AM
 Subject: [QUAD-L] Implications of the Cures Act for Special Needs Trusts

Implications of the Cures Act for Special Needs TrustsLast week, the Centers 
for Medicare & Medicaid Services (CMS) issued a State Medicaid Director Letter 
(SMDL) # 17-001 on the 21st Century Cures Act: Special Needs Trust. Section 
5007 of the 21st Century Cures Act (the “Cures Act”), Pub. L. No. 114-255, 
supports the independence of individuals with disabilities by permitting them 
to set up a special needs trust on their own behalf, rather than having to rely 
on a third party to do so. Special needs trusts generally permit individuals 
living with disabilities who are under age 65 to set aside assets to meet their 
needs without impacting their eligibility for Medicaid. This letter provides 
guidance to states on the implications of section 5007 of the Cures Act, 
entitled “Fairness in Medicaid Supplemental Needs Trusts,” for individuals who 
have disabilities. For more information on the letter issued today click here: federal-policy-guidance/ downloads/smd17001.pdf


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