Page:United States Statutes at Large Volume 107 Part 1.djvu/650

 107 STAT. 624 PUBLIC LAW 103-66 —AUG. 10, 1993 hardship as determined on the basis of criteria established by the Secretary;"; (E) by striking paragraph (3) and inserting the following: ''(3) For purposes of this subsection, in the case of an asset held by an individual in common with another person or persons in a joint tenancy, tenancy in common, or similar arrangement, the asset (or the affected portion of such asset) shall be considered to be transferred by such individual when any action is taken, either by such individual or by any other person, that reduces or eliminates such individual's ownership or control of such asset."; and (F) by adding at the end of paragraph (4) the following: Inter- «In the case of a transfer by the spouse of an individual rel^t^M^ which results in a period of ineligibility for medical assistance under a State plan for such individual, a State shall, using a reasonable methodolo^ (as specified by the Secretary), apportion such period ra ineligibility (or any portion of such period) among the individual and the individual's spouse if the spouse otherwise becomes eligible for medical assistance under the State plan.". (b) TREATMENT OF TRUST AMOUNTS.—Section 1917 (42 U.S.C. 1396p) is amended by addii^ at the end the following: "(d)(1) For purposes of determining an individual's eligibility for, or amount of, benefits under a State plan under this title, subject to paragraph (4), the rules specified m paragraph (3) shall apply to a tnist established by such individual. (2)(A) For purposes or this subsection, an individual shall be considered to nave established a trust if assets of the individual were used to form all or part of the corpus of the trust and if any of the following individuals established such trust other than by will: " (i) The individual, "(ii) The individual's spouse. ''(iii) A person, including a court or administrative body, with legal authorit:^ to act in place of or on behalf of the individual or the incuvidual's spouse. "(iv) A person, including any court or administrative body, acting at the direction or upon the request of the individual or the individual's spouse. ''(B) In the case of a trust the corpus of which includes assets of an individual (as determined under subparagraph (A)) and assets of any other person or persons, the provisions of tiiis subsection shall apply to the portion of the trust attributable to the assets of the individual. "(C) Subject to paragraph (4), this subsection shall apply without regard to— "(i) the purposes for which a trust is established, (ii) whether the trustees have or exercise any discretion under the trust, (iii) any restrictions on when or whether distributions may be made frova. the trust, or ''(iv) any restrictions on the use of distributions from the trust. "(3)(A) In the case of a revocable trust— • "(i) the corpus of the trust shall be considered resources available to the individual.

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