TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-21
Division of Developmental Disabilities

SECTION 40.1-21-16


§ 40.1-21-16 Administration of self-sufficiency trust fund.

(a) The department of mental health, retardation, and hospitals may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are persons with disabilities or persons otherwise eligible for department services residing in this state and specifying the care, or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary.

(b) The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement.

(c) In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust which deposited the money in the trust fund.

(d) The receipt by a beneficiary of money from the trust fund or of care or treatment provided with that money, shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law.

History of Section.
(P.L. 1990, ch. 436, § 1; P.L. 1999, ch. 83, § 110; P.L. 1999, ch. 130, § 110.)