Update on Cox v. Iowa Department of Human Services

In February 2018, NAELA and the Special Needs Alliance (SNA) filed an amicus brief in Cox v. Iowa Department of Human Services (see link below) arguing that funding a d-4-C trust by an individual over age 64 was governed by the Medicaid trust statute, 42 U.S.C. § 1396p(d), and not subject to penalty under the anti-transfer provision, § 1396p(c). The plaintiff-appellant who NAELA-SNA were supporting argued that the couple who funded the pooled trust accounts, both aged 65, got fair market value in doing so.

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