Information pertaining to “CSNT v Olson North Dakota”
The Center for Special Needs Trust Administration has decided to appeal an adverse ruling disallowing persons over the age of 65 to enroll in Pooled Special Needs Trusts. Here are a few reasons the elderly over 65 opt to use a special needs pooled trust:
A Special Needs Pooled Trust allows the disabled or elderly to become eligible for benefits needed to take care of the expenses associated with today’s rising healthcare costs.
Some benefits include:
- Medicare Part B Reimbursement
- Prescription Medications
- Durable Medical Equipment (DME) and Medical Supplies
- Home Health Aid
- Medical Co-Pays
In 1993, Congress passed OBRA ‘93 (Omibus Reconciliation Act of 1993) which established special needs trusts including pooled trusts*. That provision does not contain an age limitation for pooled trusts. From 1993 to July 2008, thousands of persons over 65 enrolled in pooled trusts without penalty.
In July 2008, CMS issued a letter in response to an inquiry about pooled trusts. Remember, they have not issued any regulations regarding pooled trusts. The CMS position taken on the pooled trust question has been rejected by three states including Tennessee, Wisconsin and Maryland.
Here, the court has disregarded the facts and the law. The enrollee was Medicaid eligible on January 22, 2008 a full 6 months BEFORE the release of the CMS letter.
Here, the statue is clear – there is no age limitation. If the language is clear and unambiguous, no deference is owed to conflicting regulations, let alone “letters”.
Although the majority of enrollees into the Center’s Pooled trust are not over the age of 65, it has chosen to fight for the rights of the elderly by underwriting a vigorous defense.
To learn more about Special Needs Pooled Trusts in Ohio, contact the Elder Law Attorneys of Browning & Meyer Co., LPA today.
*under 42 U.S.C. § 1396p(d)(4)(C).