§ 42-4-113 — Eligibility criteria; irrevocable burial trusts

(a) The department shall not consider as assets available
to an applicant seeking medical assistance the corpus of a
Medicaid qualifying trust:
(i) That is irrevocable;
(ii) In which the trustee and trustor retain no
discretion with respect to distributions to the applicant;
(iii) In which the income from the trust shall be
transferred to the applicant at least annually;
(iv) In which the trust corpus shall not exceed five
thousand dollars ($5,000.00); and
(v) In which the trust corpus is specifically and
irrevocably designated, assigned, or pledged for payment of the
applicant's burial expenses.
(b) If any of the trust corpus remains after payment of
burial expenses, that remainder shall be transferred to the
department to be used in the medical assistance program.