State Reporter: Barbara A. Isenhour
Education: Juris Doctor, University of Washington Law School, 1973
Current Position: Attorney.
Memberships: Washington Bar Association; National Academy of Elder Law Attorneys; Seattle Estate Planning Council, Special Needs Alliance
Community Involvement: Board member, ElderHealth NW
Articles: Numerous articles for State Bar Association.
Your State's Social Security Region: Region 10
Your State's Federal Circuit: Ninth
Does your State Have a Specific Special Needs Trust Statute or Discretionary Trust Statute? No.
Are there State-Specific:
Resources: No, same as SSI/Medicaid
Administrative rules: Medicaid rules are in the Washington Administrative Code, WAC Title 388.
Manuals/Standardized Forms: A-Z Manual published by the Department of Social and Health Services.
Important Case Holdings: None.
Interpretations/Unusual interpretations of the law: None
Does the State run a tab? I.e., does the State track the cost of services to the beneficiary and present a bill if the individual inherits funds or otherwise acquires funds? They track Medicaid benefits paid out but bill only presented a death or when a personal injury claim is settled and there is a subrogation claim.
Does the State have specific statutes or regulations on County medical services and reimbursement of costs? Not county. All Medicaid regulations are state only.
Have You Seen Creative Uses of Charitable Remainder Trusts and SNT Receptacle Trusts?
Do you have a pooled trust in your state? Yes.
Social Security Rules:
When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what special rules does your SSA region have on:
Distribution terms: It cannot be a mandatory support trust.
Remainder Beneficiaries: None.
When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what special rules does your SSA region have on:
Distribution terms: Must be a discretionary trust.
Remainder Beneficiaries: Must be specifically named, cannot just reference "heirs at law".
Are you aware of specific issues regarding housing (purchase, maintenance, utilities, gifts of housing, rentals) that have raised questions or caused problems with your state agencies or SSA office? No.
Are you aware of certain types of distributions that are likely to raise questions or cause problems with one of your state agencies or SSA office? No.
When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what Medicaid related considerations are involved?
Distribution terms: Cannot be mandatory.
When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what Medicaid related considerations are involved?
Distribution terms: Discretionary and preferably there is language regarding supplementing government benefits, but that is not mandatory.
Accounting/Reports/Notices: Only if a court established trust.
Remainder Beneficiaries: Must be specifically names to make the trust irrevocable.
Department of Mental Health and Mental Retardation Rules:
When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what requirements does the Department of Mental Health and Mental Retardation have for:
Are third-party trusts liable for services provided by State Schools or State Hospitals? No.
How does the State Mental health, Mental retardation agency treat self-settled trusts? Do not allow.
State Reporters are not sponsored nor endorsed by NAMI, but have volunteered to provide information. Many of the State Reporters are members of the National Academy of Elder Law Attorneys (NAELA) and the American Bar Association. Several are members of ACTEC (the American College of Trust and Estate Counsel). Many have children and other family members with disabilities. Most have been selected by other attorneys involved with this project, because of their recognized long-term involvement with special needs trusts.
NAMI does not, however, certify all information provided here is accurate. Further, the State Reporters do not certify that information provided by others is accurate. As for the State-specific information, each State Reporter has agreed to provide reasonable updates of information that they believe to be accurate.
Also, there is no coverage here of federal laws, veterans administrations rules, Section 8 housing rules, special education, or special county rules.