(1) Each state agency that provides governmental benefits to individuals of any age with disabilities through means-tested programs, including the medical assistance program, shall adopt and promulgate rules and regulations that:

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Terms Used In Nebraska Statutes 30-38,113

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Trustee: A person or institution holding and administering property in trust.

(a) Are not more restrictive than existing federal law, regulations, or policies with regard to the treatment of a special needs trust, including a trust defined in 42 U.S.C. § 1396p(c)(2) and 42 U.S.C. § 1396p(d)(4);

(b) Are not more restrictive than any state law regarding trusts, including any state law relating to the reasonable exercise of discretion by a trustee, guardian, or conservator in the best interests of the beneficiary;

(c) Do not require disclosure of a beneficiary’s personal or confidential information without the consent of the beneficiary;

(d) Allow an individual account in a pooled special needs trust to be funded without financial limit;

(e) Allow an individual to establish or fund an individual account in a pooled special needs trust without an age limit or a transfer penalty;

(f) Allow an individual to fund a special needs trust for the individual’s child with disabilities without a transfer penalty and regardless of the child’s age; and

(g) Allow all legally assignable income or resources to be assigned to any special needs trust without limit.

(2) Nothing in this section may be interpreted to require a court order to authorize the funding of, or a disbursement from, a special needs trust.