Does a Medicare Set-aside mechanism have an effect on Medicaid resources for purposes of eligibility for Medicaid?
A28. Medicare Set-aside mechanisms are not subject to any special treatment under Medicaid resource rules. These funds should be evaluated to determine if they meet the legal definition of a resource for Supplemental Security Income (SSI), and therefore Medicaid, purposes, i.e., “cash or other assets that an individual owns and could convert to cash to be used for his or her support and maintenance.” These funds may meet the SSI Medicaid resource definition. There may be cases in which funds in a Medicare Set-aside mechanism are placed into trusts, possibly trusts that would satisfy the definition of “special needs trusts” under Section 1917 of the Social Security Act. In those cases, the funds might not be a countable resource, but that result would be solely on the basis of Medicaid, not Medicare, rules. Consultation with an Elder Law specialists should be sought. Q29. Is a Medicare Set-aside mechanism appropriate when resolution of the workers claim leaves the medical aspects of the
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- Does a Medicare Set-aside mechanism have an effect on Medicaid resources for purposes of eligibility for Medicaid?
- Does a Medicare Set-aside have an effect on Medicaid resources for purposes of eligibility for Medicaid?
