Browse Arkansas Code titles and sections
28-76-107. Limitations on trust director. [Effective January 1, 2020.]
Arkansas Code — all titles (historical 2020) · legal_authorities
28-76-107. Limitations on trust director. [Effective January 1, 2020.]
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding:
(1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as amended; and
(2) a charitable interest in the trust, including notice regarding the interest to the Attorney General.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-76-107
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:28-76-107
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4b376568c04618b20901124cd34f9f34f6d68d113ba163908ee6e75ebb573202
Source location: content.xml paragraph 14835
Stored source content
28-76-107. Limitations on trust director. [Effective January 1, 2020.]
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding:
(1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as amended; and
(2) a charitable interest in the trust, including notice regarding the interest to the Attorney General.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of lien against property of an individual on account of medical assistance rendered to him under a State plan**
(1) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except—
(A) pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual, or
(B) in the case of the real property of an individual—
(i) who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of his income required for personal needs, and
(ii) with respect to whom the State determines, after notice and opportunity for a hearing (in accordance with procedures established by the State), that he cannot reasonably be expected to be discharged from the medical institution and to return home,
except as provided in paragraph (2).
(2) No lien may be imposed under paragraph (1)(B) on such individual’s home if—
(A) the spouse of such individual,
(B) such individual’s child who is under age 21, or (with respect to States eligible to participate in the State program established under subchapter XVI) is blind or permanently and totally disabled, or (with respect to States which are not eligible to participate in such program) is blind or disabled as defined in [section 1382c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c&num=0&edition=prelim), or
(C) a sibling of such individual (who has an equity interest in such home and who
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396p
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396p. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 4254
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396p
Subsec. (c)(2)(B). Pub. L. 109–432, § 405(a)(2)(D), sub-
stituted ‘‘not subject to cost sharing under subsection
(a) due to the application of paragraph (1)(B)’’ for ‘‘oth-
erwise not subject to cost sharing due to the applica-
tion of subsection (b)(3)(B)’’.
Subsec. (c)(2)(C). Pub. L. 109–432, § 405(a)(1)(D), in-
serted ‘‘under subsection (a)(2)(B) or’’ after ‘‘cost shar-
ing applied’’.
Subsec. (e). Pub. L. 109–171, § 6043(a), added subsec. (e).
Subsec. (e)(2)(A). Pub. L. 109–432, § 405(a)(2)(E), sub-
stituted ‘‘Individuals with family income between 100
and 150 percent of the poverty line’’ for ‘‘For poorest
beneficiaries’’
in
heading
and
‘‘under
subsection
(b)(1)(B)(ii)’’ for ‘‘under subsection (b)(1)’’ in text.
Pub. L. 109–432, § 405(a)(1)(E), inserted ‘‘who is not de-
scribed in subparagraph (B)’’ after ‘‘in subsection
(b)(1)’’.
Subsec. (e)(2)(B). Pub. L. 109–432, § 405(a)(2)(F), sub-
stituted ‘‘described in subsection (a)(2)(A) or who is not
subject to cost sharing under subsection (b)(3)(B) with
respect to non-emergency services described in para-
graph (1)’’ for ‘‘who is otherwise not subject to cost
sharing under subsection (b)(3)’’.
Subsec. (e)(2)(C). Pub. L. 109–432, § 405(a)(2)(G), in-
serted ‘‘or section 1396o of this title’’ after ‘‘subsection
(a)’’.
Pub. L. 109–432, § 405(a)(1)(D), inserted ‘‘under sub-
section (a)(2)(B) or’’ after ‘‘cost sharing applied’’.
Subsec. (e)(4)(A). Pub. L. 109–432, § 405(a)(5), struck
out ‘‘the physician determines’’ after ‘‘a hospital that’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–169 effective on the 1st
day of the 1st fiscal quarter that begins on or after the
date that is 1 year af
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396p
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396p. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-76-106. Powers of trust director. [Effective January 1, 2020.]
(a) Subject to § 28-76-107, the terms of a trust may grant a power of direction to a trust director.
(b) Unless the terms of a trust provide otherwise:
(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and
(2) trust directors with joint powers must act by majority decision.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-76-106
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. The source passage cites 28-76-106. This identifies an authority to review, not proof of applicability.