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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session


Posted: January 10, 2013 04:02 PM
From: Senator Jay Costa
To: All Senate members
Subject: Pooled Trusts for People with Disabilities
Please join me in sponsoring legislation introduced as Senate Bill 862 in the 2011-2012 session by Senators COSTA, BROWNE, WASHINGTON, MENSCH, FONTANA, GREENLEAF, TARTAGLIONE and BREWSTER, that amends Title 20 (Decedents, Estates and Fiduciaries) as it pertains to pooled trusts for people with disabilities.

The legislation allows for some of the residual funds from a beneficiary’s account within a pooled trust to be distributed to other individuals with disabilities in need of services upon their death.

Under current law, a trust may retain up to 50% of the remaining balance for the benefit of other beneficiaries. The remaining 50% of the balance must be reimbursed to the Commonwealth and any other state that provided medical assistance up to an amount equal to the total amount of medical assistance paid on behalf of the beneficiary. This legislation would simply add the phrase “or other individuals with disabilities” to the provision for the portion the trust is permitted to keep and would not affect the portion that goes back to the Commonwealth.

This measure would allow the governing board of pooled trusts to further assist disabled individuals in their communities who desperately need support and services that are on long waiting lists and who have no other place to turn for assistance.

I hope you will join me in sponsoring this legislation.
Thank you for your attention to this matter.

Introduced as SB428