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20-77-703. Creation of Special Needs Trust Revolving Fund.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-703. Creation of Special Needs Trust Revolving Fund.
(a) There is created in the State Treasury a revolving fund to be designated the “Special Needs Trust Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:
(1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and
(2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.
(b) All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-77-703
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6f2fd1a91e7fc43e4598f99605db4bf3326e6043dad742d750eb11e89923ab96
Source location: content.xml paragraph 36449
Stored source content
20-77-703. Creation of Special Needs Trust Revolving Fund.
(a) There is created in the State Treasury a revolving fund to be designated the “Special Needs Trust Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:
(1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and
(2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.
(b) All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding.
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