Does the law affect pre-existing contracts of Medicaid recipients?
No. If a consumer had both a pre-existing agreement and was receiving Medicaid benefits prior to January 1, 1997, their account may remain revocable, and must still be recertified on an annual basis by County Social Services personnel. Can additional funds be added to an irrevocable trust? Yes. Can irrevocable preneed agreements be modified at time of need? Yes, but if a less expensive funeral is purchased, the overage must be remitted to the county Social Services Department. Can we still use the personal needs account to fund the burial trust. No. The funeral director should not be involved in the use of the Personal Needs Account. A Purchaser of an irrevocable burial trust may still maintain the maximum allowable Medicaid eligibility personal resource level, in addition to the irrevocable trust. That level is currently $3,550 per individual or $5,150 per couple. Are there disclosures that must be printed on a funeral firm s advertising materials regarding prearrangements. Yes. Any p
