{"data":{"id":"us-ne/neb.-rev.-stat.-30-38-113","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 30-38,113","heading":"State agency; means-tested programs; rules and regulations.","body":"(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:\n(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);\n(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;\n(c) Do not require disclosure of a beneficiary's personal or confidential information without the consent of the beneficiary;\n(d) Allow an individual account in a pooled special needs trust to be funded without financial limit;\n(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, except that a transfer by an individual sixty-five years of age or older into a special needs trust shall comply with 42 U.S.C. 1396p(C) in order to avoid a transfer penalty;\n(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\n(g) Allow all legally assignable income or resources to be assigned to any special needs trust without limit.\n(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.","path":["Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-38,113","current_through":"Laws 2026","vintage":"","retrieved_at":"2026-10-18T05:56:52Z","sha256":"34f46a3b03866b21d625a9047164f4f22bb5067d9dec9f96f40369442e8803f5","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-30-38-112","next":"us-ne/neb.-rev.-stat.-30-38-114"},"notice":"GroundRules: Original legal text. Not legal advice."}