Bill > S344

This bill aims to help seniors aged 65 and older protect their eligibility for Medicaid and State-County Special Assistance when transferring assets to a specific type of trust known as a Pooled Special Needs Trust. Under current rules, transferring assets can sometimes disqualify individuals from receiving public benefits. The bill requires the North Carolina Department of Health and Human Services to modify its eligibility rules so that when a senior transfers funds into a trust that meets federal requirements (specifically 42 U.S.C. § 1396p(d)(4)(C)), the transfer will be considered a fair market value transaction, provided the individual can demonstrate that the transferred funds are intended to be used within their life expectancy to provide goods and services of equivalent value. This means seniors can set aside money in these special trusts without losing their critical medical and assistance benefits, offering more financial flexibility and protection for older adults who need public support while wanting to preserve some of their assets for specific personal needs.

Government Affairs, Health and Social Services

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