Bill > S344

This bill aims to modify how the North Carolina Department of Health and Human Services determines Medicaid and State-County Special Assistance eligibility for seniors aged 65 and older who transfer funds into a specific type of trust known as a Pooled Special Needs Trust (authorized under 42 U.S.C. § 1396p(d)(4)(C)). The bill requires the department to treat such fund transfers as transactions for fair market value, provided the individual can demonstrate that the transferred funds are intended to be used by the trust to provide goods and services valued equally to the transferred amount within the individual's expected life expectancy. By making this change, the bill seeks to prevent these trust transfers from negatively impacting a senior's eligibility for public benefits, effectively allowing older adults to set aside funds for their care through these specialized trusts without being penalized or losing access to Medicaid or State-County Special Assistance. The bill would be effective immediately upon becoming law, with an anticipated ratification date of June 19, 2025, and gubernatorial approval on June 26, 2025.

Government Affairs, Health and Social Services, Justice

https://www.ncleg.gov/BillLookUp/2025/S344