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Cures Act and Special Needs Trusts

Implications of the Cures Act for Special Needs Trusts

Today, the Centers for Medicare & Medicaid Services (CMS) issued a State Medicaid Director Letter (SMDL) # 17-001 on the  21st Century Cures Act: Special Needs Trust. Section 5007 of the 21st Century Cures Act (the “Cures Act”), Pub. L. No. 114-255, supports the independence of individuals with disabilities by permitting them to set up a special needs trust on their own behalf, rather than having to rely on a third party to do so. Special needs trusts generally permit individuals living with disabilities who are under age 65 to set aside assets to meet their needs without impacting their eligibility for Medicaid. This letter provides guidance to states on the implications of section 5007 of the Cures Act, entitled “Fairness in Medicaid Supplemental Needs Trusts,” for individuals who have disabilities.

For more information on the letter issued today click here: https://www.medicaid.gov/federal-policy-guidance/downloads/smd17001.pdf

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Family Voices Colorado believes that parents of children with special health care needs should not be alone when they face the scary and confusing task of securing care for their children. Every day we give parents the information and strength they need to navigate complex health care systems in order to get things like wheelchairs, oxygen, or surgery for their children. With our help, parents are able to be the heroes their children are counting on.

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