P801 How to Review and Refer a Trust

MA801

Answer the questions on the Determining the Type of Trust (DE-308) form. The DE-308 form will direct you to one of the following trust checklists:

• Revocable Trust Checklist (DE-640)

• Medicaid Qualifying Trust Checklist (DE-644)

• Non-Grantor or Testamentary Trust Checklist (DE-647)

• Irrevocable Trust Checklist (DE-648)

• Disabled Under 65 Trust Checklist (DE-649)

• Income-Only Trust Checklist (DE-650)

• Pooled Trust Checklist (DE-651)

Collect all the required documents on the trust checklist.

Upload all the documents to one folder in DocuWare.

Place the documents in the following order:

• The DE-308 form;

• All pages of the trust worksheet, including the checklist; and

All other required documents in the order in which they appear on the checklist.

NOTE     If a document has more than one of the items shown on the checklist, do not place two copies of the document in the trust folder. Place the document in the first correct position in the trust folder, and add a note to the document listing the other qualifications it meets.

Is the trust a revocable, non-grantor, testamentary, or a Medicaid Qualifying trust?

• If YES, answer all questions in section “B” on the trust checklist form to determine if the trust can be reviewed by the local office.

  • If the trust can be reviewed by the local office, STOP. Review the trust and continue to process the case.

  • If the trust cannot be reviewed at the local office, continue to step 5.

• If NO, continue to step 5.

As soon as ALL required documents from the trust checklist are in DocuWare, submit a Policy Clarification Request (PCR) requesting a review of the trust.

NOTE     For special treatment trusts, do not submit a trust for review until you have all proof for the funding and disbursement review.

Add the PCR number to the “PCR_NO” field in DocuWare.

Within 7 days, a trust review response will be sent to the submitter and all applicable supervisors.

• If the trust is a non-special treatment trust, STOP. The response will come from the Office of the General Counsel (OGC) and will be put in DocuWare. Process the case following the instructions in the trust response.

• If the trust is a special treatment trust, continue to step 8.

Was the trust approved for special treatment?

• If YES, the trust response will come from the Office of Eligibility Policy (OEP). OEP will create a new PCR for the funding and disbursement review. Continue to step 9.

• If NO, STOP. Follow the instructions in the trust response to process the case.

OEP will send the funding and disbursement response. Follow the instructions in the response to continue processing the case.