The case concerns how much payment Vermont Medicaid is entitled to from the personal injury settlement of a catastrophically injured plaintiff.
In re Estate of Lovell (2010-285)
2011 VT 61 (June 10, 2011)
The SSA changed two examples in the POMS. These changes could result in trusts that were previously approved, in compliance with the language in the old examples, now being invalid. The changes went into effect as of 5/17/12. The examples restrict the interpretation of what distributions are for the "sole benefit" of disabled individual. The languaage in the first example clarifies that paying for family members to visit a disabled individual violates of the sole-benefit rule. The language in the second example allows a SNT to pay for "attendant care". This language could be used to limit payments to family or other informal caregivers.See the examples . . .