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HB 273 Relative to Special Needs Trusts

Link to bill text:
http://www.gencourt.state.nh.us/legislation/2007/HB0273.html

6-27-07 Update: HB273 passed and was signed into law by the Governor on June 18 and goes into effect November 1, 2007.

ANALYSIS:
This bill provides that disbursements from qualifying special needs trusts shall not be counted as unearned income when determining eligibility for public medical assistance unless they are used for food or shelter, as those terms are defined for the purposes of the federal Supplemental Security Income program.

COMMENT:
This bill, filed by Ruth Bleyler and several other legislators who are parents of people with disabilities, is intended to address a problem that has developed for many families who established special needs trusts, in good faith and in compliance with federal law, to help disabled family members. The department's treatment of income from such trusts has created a situation in which making distributions from the trusts jeopardizes medicaid eligibility, so that the trusts cannot be used for their intended purpose. This bill would require New Hampshire to treat Special Needs Trusts the same way they are treated in most other states.