Chapter 18: Medicaid Eligibility.
(I) To qualify for a Special Needs Trust exception and exclude the resources within the trust, the Special Needs Trust shall:
(1.) Be irrevocable;
(2.) Be established for the sole benefit of an
individual who is under age sixty-five (65) and disabled according to the criteria set forth
in 42 U.S.C. § 1382c(a)(3);
(3.) Contain only the assets of a disabled
individual who is under age sixty-five (65) when the trust is established. Any assets placed
in the trust after age sixty-five (65) are not subject to the exception;
(4.) Be established by a parent, grandparent, legal guardian or a court consistent with Wyoming Statutes §§ 42-2-403(f), 4-10-401(a)(iv) and 3-3-607(a)(vi); and
(5.) Provide that the state shall receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total amount of medical assistance paid on behalf of the individual.
Wyoming, Department of Health, Chapter 18, Rules and Regulations for Medicaid, Section 8. Aged, Blind or Disabled Eligibility.