Sec. 25.5. (a) This section applies beginning October 1, 2009.

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Terms Used In Indiana Code 30-4-3-25.5

  • Person: has the meaning set forth in IC 30-2-14-9. See Indiana Code 30-4-1-2
  • Trust property: means property either placed in trust or purchased or otherwise acquired by the trustee for the trust regardless of whether the trust property is titled in the name of the trustee or the name of the trust. See Indiana Code 30-4-1-2
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: has the meaning set forth in IC 30-2-14-13. See Indiana Code 30-4-1-2
     (b) Except as provided in subsection (d), when a trust created to comply with 42 U.S.C. § 1396p(d)(4)(A) is terminated, the trustee shall not distribute trust property to any person entitled to payment from the trust until the office of Medicaid policy and planning has been fully reimbursed for assistance rendered to the person for whom the trust was created.

     (c) The primary purpose of a trust described in subsection (b) is to ensure that the state is repaid Medicaid benefits provided in return for excepting the trust from the general requirements of 42 U.S.C. § 1396(d).

     (d) A trustee may pay federal and state taxes from the trust before reimbursing the office of Medicaid policy and planning.

As added by P.L.14-2009, SEC.3.

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