The Significance of the Pooled Trust Notification Law

 By Erica M. Fitzgerald, Esq., Littman Krooks LLP On December 18, 2017, Governor Andrew Cuomo signed the “Pooled Trust Notification Bill” into law. This law, which is set to take effect on June 18, 2018, requires plain language notification to Medicaid applicants and recipients of the availability of pooled trusts as a means of maintaining Medicaid eligibility while retaining access to the surplus monthly income.  The notice must also include information regarding how to enroll in a supplemental needs trust, as well as information on how to request that the Department of Social Services re-budget medical assistance based upon participation in a pooled trust.  This is essential information for individuals with disabilities in New York State who rely upon Medicaid for access to items such as medical supplies and service coordination. Many Medicaid recipients face the daunting task of maintaining continued Medicaid eligibility.  To do so, an…

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