In 1996 a New York State Department of Health Administrative Directive was issued indicating the guidelines concerning the provisions of transfers and trusts related to Medical Assistance. A Pooled Trust managed by a not-for-profit organization such as Center for Disability Rights, Inc. is also known as an Exception Trust because assets placed into a Pooled Trust is exempt from determining Medicaid eligibility.

The Center for Disability Rights, Inc. is a not-for-profit community-based advocacy and service organization dedicated to promoting the full integration, independence, and civil rights of persons with disabilities. In accomplishing this mission, the Community Supplemental Needs Pooled Trust has been established to act as a legal instrument to reduce one’s assets so that they may apply for public assistance. This Pooled Trust serves all of New York State and adheres to the specified directives set forth from the New York State Department of Health.

It is the Center for Disability Rights, Inc. Community Supplemental Needs Pooled Trust’s position that the transfer of assets between different exception trusts is acceptable. Meaning if a consumer wishes to transfer from another Exception Trust into our Pooled Trust, the Center for Disability Rights, Inc. would allow such a move. Since there currently is not a state directive either in favor or against this issue, it is the Center for Disability Rights, Inc. Community Supplemental Needs Pooled Trust’s goal to work with the New York State Department of Health to create a stronger state wide position on this topic for the future.