Arkansas Legal Resource Navigator

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.]

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.

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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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets

**(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

42 U.S.C. § 1396p — Liens, adjustments and recoveries, and

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.]

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.