DRW’s Benefits Team recently represented a member of the Ho-Chunk Nation who had been denied Medicaid because of a trust set up by the Nation for his benefit. The County where the member lived decided that the trust belonged to the member and thus he was over assets to receive Medicaid services. Attorney Ellen Henningsen was successful in persuading the Administrative Law Judge and Wisconsin’s Department of Health Services that the trust was not a countable asset. The Nation was required to establish the trust under federal and state law to receive per-capita payments due to excess gaming revenue because the member was under a guardianship; because the trust was considered a “third-party trust,” it was not a countable asset.
To read the decision, click here: Ho-Chunk Trust Decision