{"data":{"id":"us-va/12vac30-40-110","jurisdiction":"us-va","citation":"12VAC30-40-110","heading":"Medicaid qualifying trusts","body":"In the case of a Medicaid qualifying trust described in § 1902(k)(2) of the Act, the amount from the trust that is deemed available to the individual who established the trust (or whose spouse established the trust) is the maximum amount that the trustee is permitted under the trust to distribute to the individual. This amount is deemed available to the individual, whether or not the distribution is actually made. This provision does not apply to any trust or initial trust decree established before April 7, 1986, solely for the benefit of an individual with an intellectual disability who resides in an intermediate care facility for individuals with intellectual disabilities.\n\nThe policy for qualifying trusts that is effective for trusts established or assets disposed of after August 10, 1993, is located in 12VAC30-40-300.","path":["Title 12. Health","Agency 30. Department of Medical Assistance Services","Chapter 40. Eligibility Conditions and Requirements","Part III. Financial Eligibility","Article 2. Income"],"source_url":"https://law.lis.virginia.gov/admincode/title12/agency30/chapter40/section110/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:50:54Z","sha256":"6bd966c6e3647a07c679f41d0290cc688d79b811ee810d1cd8a5542dc2592c1c","source_id":"us-va-vac","stale":false,"prev":"us-va/12vac30-40-105","next":"us-va/12vac30-40-120"},"notice":"GroundRules: Original legal text. Not legal advice."}