logo
logo
Sign in

Care and Caregiving Fees in Special Needs Trust Planning

avatar
Special Needs Alliance
Care and Caregiving Fees in Special Needs Trust Planning

Special needs trusts (SNTs) provide a plethora of benefits for beneficiaries requiring care and assistance programs. Yet, with one of the possible disqualifying distributions being care and medical assistance, there is a gray area in some jurisdictions about what the SNT can provide.


In some jurisdictions, an SNT can pay in-home care providers for hours they are working beyond the Medicaid-approved hours. For instance, if a care provider is working 40 hours and Medicaid has only allotted 20 hours a week for in-home care, then the SNT can pay the remaining 20 hours to the care provider. What is important to note and ask within the state’s Medicaid agency are the following:


Do the state’s Medicaid rules allow for payment to care providers in general?


Some states have no Medicaid issues with care providers being paid so long as Medicaid, Medicare, and other insurance have denied coverage of the care expense. The Social Security Administration’s (SSA) Program Operations Manual System (POMS) states that these distributions should be allowed. However, some state Medicaid agencies have implemented rules otherwise.


ABLE account.


An ABLE account can assist with providing for expenses and compensation.


There are many ways to take a holistic approach to planning. To achieve this successfully, a combination of creative planning needs to incorporate an understanding of the state’s Medicaid rules and the SSA’s POMS guidance.


About this Article: We hope you find this article informative, but it is not legal advice. You should consult your own attorney, who can review your specific situation and account for variations in state law and local practices. Laws and regulations are constantly changing, so the longer it has been since an article was written, the greater the likelihood that the article might be out of date. SNA members focus on this complex, evolving area of law. To locate a member in your state, visit Find an Attorney.


Read more


collect
0
avatar
Special Needs Alliance
guide
Zupyak is the world’s largest content marketing community, with over 400 000 members and 3 million articles. Explore and get your content discovered.
Read more