ORDERS:
CONSENT ORDER
The parents of David
Pait, Jr. created a supplemental needs trust on April 5, 2004. The Department
of Health and Human Services (“DHHS”) rejected the trust, contending a
provision of the trust (section 2.2.2.7) did not comply with the requirements
of MR 12.07, now 302.30.06, and filed notice of termination of benefits. The
Trust included a provision (section 1.2.3) which provided that any portion of
the Trust that did not comply with the rules and regulations concerning special
need trust was null and void and had no effect. The hearing officer found in
favor of DHHS. Appellant appealed and benefits were continued pending the
outcome of the appeal.
To resolve the appeal,
the parties agree as follows:
1. David
Pait, Jr., is eligible to receive Medicaid benefits from April 5, 2004 forward,
subject to his continuing to be eligible for benefits under the pertinent
federal and state laws, regulations and policies. That any benefits received by
David Pait, Jr. after April 5, 2004 will not have to be repaid.
2. That
the David Pait, Jr. Trust dated April 5, 2004, as amended and restated conforms
to all applicable federal and state laws, regulations and policies.
NOW, THEREFORE,
based on the consent of the parties, it is ORDERED:
1. That
David Pait, Jr. has been eligible to receive Medicaid benefits from April 5,
2004 forward and shall not have to repay Medicaid any money received from DHHS
for Medicaid benefits.
2. That
the David Pait, Jr. Trust dated April 5, 2004, as amended and restated,
conforms to all applicable federal and state laws, regulations, and policies.
IT IS FURTHER
ORDERED this appeal is DISMISSED.
June 25, 2007
________________________
John D. McLeod
Administrative
Law Judge
WE CONSENT:
/s George Burnett, Attorney for
DHHS
/s Dennis Christensen, Attorney for
David Pait
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