Ohio residents & recently informed of new requirement for qualified income trust.

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Does anyone have information? My MIL has been in a NH for 3 years and we have a joint checking account established (with her 90 year old husband). When we approached the bank, the rep is not familiar with this type of trust. It seems that we can't get specific direction on this (from the state, the county, the NH, etc.). Just wondering if anyone else is facing this and how they're proceeding (they're saying the deadline is 7/1/16). Thank you.


This is what I found on the internet.....

Ohio's Dept of Medicaid: Ohio will change from a 209(b) state to a Section 1634 state starting July 1st this year. When determining Medicaid eligibility, Ohio will use an income cap equal to 3x times the Supplemental Security Income Federal Benefit Rate. This change will significantly impact Ohio nursing care providers who have Medicaid patients. The initial income cap will now be $2,199/month and spend downs will no longer be permitted. Miller Trusts can be used to bring a resident’s income below the cap.

Hope this helps so that you can investigate further.
See an attorney who specializes in Miller Trusts in Ohio. He may tell you to not have joint accounts when one spouse is on Medicaid.
A Miller Trust is a legal document. Ohio Department of Medicaid is contracting with Automated Health Systems to assist individuals in institutions and on waivers to establish the trust. That being said, I would still prefer my own attorney.
QIT aka Miller & it's not a DIY project or something done as a form at the bank. I'm going to guess that mom has just been paying her monthly income to the NH as a simple waiver agreement & all ok by Medicaid in this approach. But now it has to be a more defined trust paperwork to be medicaid compliant for to the QIT.

If mom was a widow with no assets, letting Automated Health do it would be simple. BUT as dad is still at home or in IL or AL, he's considered a"community spouse" and you want to make sure that the rule change for QIT does not change adversely dads ability to get CSRA/MMNA ( community spouse resource allowance /monthly maintenance needs assessment) or anything else if mom should predecease dad. I would find a NAELA certified atty. to do Miller & look into dads csra situation & their after death beneficary situation as well. None of this is simple.
Thanks for all the advice!

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