Basic Facts about Setting Up a Qualified Income Trust (Miller Trust) to Keep Your Medicaid
by: Georgia Legal Services Program
Some basic facts about a Qualified Income Trust (Miller Trust)
Have you received a letter from the Georgia Department of Human Resources telling you that you over the income limits for Medicaid? You can keep getting Medicaid if you set up a Qualified Income Trust.
Qualified Income Trust are legal in Georgia.
Medicaid does not require that an individual set up a trust.
A Qualified Income Trust contains only income. It does not contain assets such as real property, checking or saving accounts.
The income in the trust does not count in determining Medicaid eligibility. This means that an individual, whose income is over the Medicaid nursing home income limit, may continue to be eligible.
The income in the trust, along with any other income, must be counted in determining the amount that the patient will pay toward the cost of nursing home care. In most cases the patient will pay all of his or her income, except $30, to the nursing home.
Payments to the nursing home from the trust must be made every month.
Anything remaining in the trust at the patient's death must be turned over to Medicaid as repayment for claims paid on the patient's behalf.
DFCS cannot set up trusts, advise people to set up trusts or help people set up trusts.
If you are interested in setting up a trust, you can contact the following organizations:
Georgia Legal Services Program (Statewide legal services, EXCEPT for Clayton, Cobb, Dekalb, Fulton and Gwinnett Counties) 1-800-498-9469
Georgia Advocacy Office (Statewide advocacy for persons with disabilities or mental illness) 1-800-537-2329
Atlanta Legal Aid 404-377-0701 (DeKalb/Gwinnett Counties) 770-528-2565 (Cobb County) 404-524-5811 (Fulton County) 404-669-0233 (So. Fulton/Clayton County)
State Ombudsman Office 1-888-454-5826 (Nursing Home or Personal Care Home)
Georgia Legal Services Program June 2004 Last Revised by: Susan Reif
Last Reviewed On: 06/21/04
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