OAC 317:35-5-41.6. Trust accounts.
Monies held in trust for an individual applying for or receiving SoonerCare must have the availability of the funds determined. Funds held in trust are considered available when they are under the direct control of the individual or his/her spouse, and disbursement is at their sole discretion. Funds may also be held in trust and under the control of someone other than the individual or his/her spouse, such as the courts, agencies, other individuals, or the Bureau of Indian Affairs (BIA).
(4) Trust accounts established on or before August 10, 1993. The rules found in (A) – (C) of this paragraph apply to trust accounts established on or before August 10, 1993.
(C) Special needs trusts. Some trusts may provide that trust benefits are intended only for a beneficiary’s “special needs” and require the trustee to take into consideration the availability of public benefits and resources, including SoonerCare benefits. Some trusts may provide that the trust is not to be used to supplant or replace public benefits, including SoonerCare benefits. If a trust contains such terms and is not an MQT, the trust is not an available resource.