Income Support – Special Needs Trust Fairness Act Clears House Committee

The House Committee on Energy and Commerce approved the Special Needs Trust Fairness Act (H.R.670) on July 13. This bill will allow individuals to establish special needs trusts on their own behalf. Due to a technical drafting error when the Medicaid statute was modified in 1993, current law only allows a parent, grandparent, legal guardian, or a court to establish a Special Needs Trust for an individual. This leads to unnecessary legal expenses for eligible individuals who do not have a guardian or a living parent or grandparent. The Senate approved its version, S.349 in September of 2015.

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