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VIRGINIA

 

State Reporter: Andrew H. Hook

OAST & HOOK, P.C.
521 Middle Street Mall
Portsmouth, Virginia 23704
757-399-7506 fax 757-397-1267
Email: hook@oasthook.com
Web site: www.oasthook.com

Education: Juris Doctor, University of Virginia, 1975

Current Position: Attorney and Vice President of Oast & Hook, P.C.

Certifications: Certified as an Elder Law Attorney (CELA)

Memberships: Special Needs Alliance(SNA); National Academy of Elder Law Attorneys(NAELA); American College of Trust & Estate Counsel(ACTEC); American Bar Association(ABA); and Virginia Bar Association.

Community Involvement: Alzheimer's Association and United Way

Articles: Co-Author of "Representing the Elderly or Disabled Client," published by RIA; Author of "The Tax Management Portfolio on Durable Powers of Attorney:" Co-Author of the Elder Law column for Estate Planning Magazine published by RIA.

Your State's Social Security Region: Philadelphia

Your State's Federal Circuit: Fourth

General:

Does your State Have a Specific Special Needs Trust Statute or Discretionary Trust Statute? No.

Are there State-Specific:

Resources: Virginia Medicaid Manual

Administrative rules: Virginia Administrative Regulations, Department of Medical Assistance Services.

Manuals/Standardized Forms: None.

Important Case Holdings: None.

Pronouncements: None.

Fiats: 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? No.

Does the State have specific statutes or regulations on County medical services and reimbursement of costs? No.

Have You Seen Creative Uses of Charitable Remainder Trusts and SNT Receptacle Trusts? No.

Do you have a pooled trust in your state? Yes, Commonwealth Community Trust.

 

Social Security Rules: SSA POMS

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: There are no regional POMS.

Accounting/Reports/Notices: There are no regional POMS.

Housing: There are no regional POMS.

Remainder Beneficiaries: There are no regional POMS.

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: There are no regional POMS.

Accounting/Reports/Notices: There are no regional POMS.

Housing: There are no regional POMS.

Remainder Beneficiaries: There are no regional POMS.

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? There are no regional POMS, however national In Kind Support and Maintenance Rules apply.

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

 

Medicaid 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 Medicaid related considerations are involved?

Distribution terms: Cash distributions to the beneficiary , food, clothing or shelter provided to the beneficiary are income in the form of in kind support and maintenance. See Virginia Medicaid Manual, S1120.200

Accounting/Reports/Notices: Beneficiary has obligation to report changes in circumstances to the Department of Social Services.

Housing: Distributions for shelter are income to the beneficiary.

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 Medicaid related considerations are involved?

Distribution terms: Cash distributions to the beneficiary , food, clothing or shelter provided to the beneficiary are income in the form of in kind support and maintenance. See Virginia Medicaid Manual, S1120.200

Accounting/Reports/Notices: Beneficiary has obligation to report changes in circumstances to the Department of Social Services.

Housing: Distributions for shelter are income to the beneficiary.

Remainder Beneficiaries: No special rules.

 

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:

Distribution terms: None.

Accounting/Reports/Notices: None.

Remainder Beneficiaries: None.

The local Community Services Board (CSB) is required under Virginia Code Section 37.1-197 to establish and implement fe schedules for their services. CSB clients are required to complete an initial financial assessment and to do annual updates. They are required to report changes in circumstances that may affect their ability to pay for services, such as finding employment or recovery from disability. Most CSB clients fall into two categories, medically indigent or on Medicaid and/or Medicare. If the client is on Medicaid, the Department of Social Services would be notified about the trust and if the client remains on Medicaid, that notification and review by DSS would be transparent to the CSB because CSB would continue to bill Medicaid for services. If the client is medically indigent, it is highly unlikely that they would be the beneficiary of a trust, but the client would be required to report the change in circumstances, most likely during the annual financial update.

 

Are third-party trusts liable for services provided by State Schools or State Hospitals? No, if the beneficiary has a disability that substantially impairs his ability to provide for his care and constitutes a substantial handicap. See Virginia Code Section 55-19

How does the State Mental health, Mental retardation agency treat self-settled trusts? There are no policy statements.

 


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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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