In 1993 when Congress created public benefit exemptions for Special Needs Trusts, they included provisions to support not for profit trustees and their charitable missions. Federal Social Security and Medicaid statutes allow non-profit organizations to retain a portion of a trust account balance at the death of the beneficiary before Medicaid payback to be used by the trustee for its charitable mission.
MSNT meets the criteria as a pooled trust as defined by Social Security statute in Title 42 US Code Section 1396p(d)(4)(C) and includes terms and provisions in the Master Trust explaining charitable retention policies and procedures for first and third party trusts. When a trust closes due to low balance, MSNT follows federal Social Security Program Operation and Manual System (POMS) requirements for “early termination” of the trust and does not retain funds for its charitable program.
When funds are retained, they are deposited into the Charitable Trust account. With the assets of the Charitable Trust, MSNT operates a charitable program to serve indigent Missourians with disabilities to meet a variety of disability-related needs such as assistive devices and equipment, transportation, orthotics, eyeglasses, and other items not covered by public benefits that enhance independence and quality of life. The charitable program operates consistent with policies and procedures to safeguard public benefits eligibility for approved grant recipients.