• A Guardian seeking to preserve your client's public benefits or make them eligible

• A Conservator seeking an established Special Needs Trust option for clients who are over the asset limit and are in danger of losing their benefits

• Negotiating a settlement from a lawsuit, sale of property or an inheritance 

we want to provide you with accurate information to best serve your client.

Consider Shared Horizons as an option when advising your clients.  Our Pooled Special Needs Trust meets all Federal and State  (D.C., Maryland, Virginia) Medicaid requirements, and is packaged for easy, cost effective enrollment and access.

The Omnibus Budget Reconciliation Act of 1993 (OBRA ‘93)

OBRA ‘93 - 42 U.S.C. § 1396p(c)(d)(4); section 1382c(a)(3)

In the Omnibus Budget Reconciliation Act of 1993 (OBRA ’93), Congress created three exceptions to the general rule that an individual’s assets held in trust are counted as resources when determining eligibility for public benefits.  The three exceptions are the:

1.      Individual “Special Needs Trust”

2.      Disability Income Trust or Miller Trust

3.      Pooled Special Needs Trust. The Wesley Vinner Memorial Trust operates under the pooled trust guidelines.

General Information

A pooled trust is a trust established and administered by a nonprofit organization.  It is often called a “master trust” because it contains the assets of many different individuals, each in separate accounts established by individuals, and each with a beneficiary.  By analogy, the pooled trust is like a bank that holds the assets of individual accountholders.

When using the term “trust”, it is important to distinguish between the master trust, which is established by the nonprofit organization, and the individual trust accounts within the master trust, which are established by the individual or another person for the individual.

The requirements of the SSI trust statute do not apply to a trust containing the assets of a disabled individual that meets the following conditions:

1.   The pooled trust is established and managed by a           

      nonprofit association;

2.   The trust is irrevocable

3.   Separate accounts are maintained for each beneficiary, but

      assets are pooled for investing and management

      purposes;

4.   Accounts are established solely for the benefit of the  

      disabled individual;

5.   The account in the trust is established by the individual, a

      parent, grandparent, legal guardian, or a court; and

6.   The trust provides that to the extent any amounts

      remaining in the beneficiary's account upon the death of

      the beneficiary, that are not retained by the trust, the

      trust will pay to the State the amount remaining up to an

      amount equal to the total amount of medical assistance

      paid on behalf of the beneficiary under a State Medicaid 

      plan.

NOTE: There is no age restriction under this exception.

(but please check your state's Medicaid policy, as transfer penalties may apply)