Clarification of GIS

March 16, 2020

On March 5, 2020, the New York State Department of Health issued and posted GIS 20 MA-03: “Clarification of GIS 19 MA/04, “Clarification of Policy for Treatment of Income Placed in Medicaid Exception Trusts” with an effective date of March 3, 2020. The GIS states:

 “The purpose of this General Information System (GIS) message is to inform local departments of social services (LDSS) of a clarification to GIS 19 MA/04, “Clarification of Policy for Treatment of Income Placed in Medicaid Exception Trusts”, concerning exception trusts established by an agent acting under a Power of Attorney. Effective immediately, districts may not require that permission to gift assets be included in a Power of Attorney used to establish an exception trust on behalf of an applicant/recipient. This clarification applies only to exception trusts. The remaining policy guidance provided in GIS 19 MA/04 continues to apply.

The GIS is available at:

https://www.health.ny.gov/health_care/medicaid/publications/docs/gis/20ma03.pdf