The purpose of this Concept Paper is to create basic guidelines and the general structure for a Coalition of Special Needs Pooled Trust (“SNT”) administrators in New York State.
Currently there are no New York State-specific Best Practices under which Trusts administrators are operating which is leading to confusion within the industry. As there are no general standards, each trust has differing policies regarding allowable expenses, documentation required to establish the trust, etc. There has been very little guidance and oversight from Medicaid, and the POMS are vague on many issues, which has led to each trust holding themselves to different standards. LIFE is not proposing that all SNTs must operate using exactly the same procedures, rather that we all adhere to a common set of values and a certain level of regulation and guidelines.
LIFE, Inc. Pooled Trust Services, a division of Labor & Industry For Education, Inc., therefore proposes to create a Coalition of New York State Special Needs Pooled Trusts (the “Coalition”) to establish a set of guidelines under which all special needs pooled trusts in New York should operate. This will further give the Coalition a stronger voice when dealing with applicable governmental authorities such as NYS Medicaid so that pooled trusts operators can have more say in the industry.
I. Members of the Coalition
The Coalition will be open to all legitimate pooled trust administrators who fulfill the Coalition criteria including, but not limited to:
- The operator is a 501(c)(3) not-for-profit organization;
- The organization has other social service, charitable or community programs/services aside from operating a trust;
- The operator does not have any ownership, financial or business interest in, and is not a related entity to a Medicaid sign-up business. This poses a conflict of interest; and
- The operator does not in any way monetarily compensate referral sources for trust referrals
II. Goals of the Coalition
The Coalition shall have the following goals:
- Set New York-specific Best Practices for SNT administrators;
- A stronger, united voice when dealing with applicable governmental authorities;
- The ability to help regulate the industry;
- Form a Board for the Coalition composed of SNT Trust administrators, as well as other professionals involved with a disabled, blind or elderly population, e.g. elder law attorneys, special needs planning attorneys, geriatric care managers, etc.
This is a call to action by LIFE, Inc. Pooled Trust Services. If you would like to join us in our undertaking to make pooled trusts in New York State a more controlled and regulated, safe option for seniors and people with disabilities, please contact us by phone or email. We would love for you to share your ideas and your participation in our mission is greatly appreciated.