{"data":{"id":"us-nj/n.j.-stat.-3b-11-36","jurisdiction":"us-nj","citation":"N.J. Stat. § 3B:11-36","heading":"Findings, declarations regarding special needs trusts","body":"1.\tThe Legislature finds and declares that:\na.\tIt is in the public interest to encourage persons to set aside amounts to supplement and augment assistance provided by government entities to persons with severe chronic disabilities;\nb.\tBy enacting section 13611 of the federal Omnibus Budget Reconciliation Act of 1993, 42 U.S.C. s.1396p(d)(4), the United States Congress affirmed this view by permitting the establishment of a trust to supplement and augment assistance for a person who is disabled without disqualifying that person from benefits under the Medicaid program;\nc.\tIn some instances, trusts must be established by a court in order  to comply with the provisions of 42 U.S.C. s.1396p(d)(4);\nd.\tHowever, the current law in New Jersey does not specifically authorize the establishment of these trusts  and subsection f. of section 6 of P.L.1968, c.413 (C.30:4D-6) may be construed as impeding their establishment; and\ne.\tTherefore, legislation is appropriate to facilitate the establishment of trusts to supplement and augment assistance provided by government entities to persons with severe chronic disabilities and persons who are disabled under the federal Social Security Act.\nL.2000,c.96,s.1.","path":["TITLE 3B ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"5463c9b3c253616d74207885452b11c3c3e459f8fed4ee208fa48e131ae7035d","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-3b-11-35","next":"us-nj/n.j.-stat.-3b-11-37"},"notice":"GroundRules: Original legal text. Not legal advice."}