Pooled Trust Subaccount Established for Individual Over 65yo. An 83 year old deposited $12,320 into a pooled trust in August 2008. In November 2008, he applied for Medicaid. His application was denied. The parties stipulated the trust complied with 42 USC 1396p(d)(4)(C), but the Department took the position a transfer penalty should be applied. The Court reversed finding there was no substantial evidence that the transfer was for less than fair market value. The case was remanded to determine whether Petitioner received less than fair market value for the resources transferred to this trust.

Driuk v. Department (Minnesota – December 15, 2009).