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Questions

What is a qualified income trust (Miller trust) in Ohio?

A qualified income trust (QIT), or Miller trust, is an irrevocable trust that lets an Ohioan whose income is above the special income level, 300% of the SSI benefit rate, qualify for Medicaid long-term care. You deposit income into the trust each month, and that income isn't counted for eligibility. The rules are in OAC 5160:1-6-03.2.

When you need one

Ohio determines long-term care Medicaid using a special income level (SIL) of 300% of the SSI benefit rate for one person (OAC 5160:1-6-03.1). If your countable income is at or below the SIL, you don't need a trust. If it's above, OAC 5160:1-6-03 says you may set up a QIT to become eligible. A QIT can be used only by someone whose income is over the SIL, who is eligible for Medicaid long-term care services, and whose income is subject to patient liability.

Ohio's QIT rules

  • The trust must be irrevocable and valid under Ohio law or another state's law.
  • Only your income can go in; no other assets, except interest the account earns.
  • The income sources must be identified, and you can't assign your right to receive the income to the trust.
  • The account must be titled as a QIT in your name, and its location, account number and who can access it must be documented.
  • When you die, what's left goes to the Ohio Department of Medicaid, up to the amount Medicaid paid for you, before anyone else is repaid.

How the money flows each month

  1. Deposit income. Ideally your income is deposited directly into the QIT account. You may put in all or part of it; income left out is counted.
  2. Pay out within 30 days, in order. First a personal needs allowance; then any allowance for a spouse or dependents; then health care costs, including your patient liability.
  3. Trust costs. The trustee may take a small monthly amount set in the rule for bank and legal fees; a higher amount needs approval from the Ohio Department of Medicaid.
  4. Keep records. Submit the trust document, proof of the account and deposit records with your application, and show deposits at every annual renewal.

Payments from the trust other than those the rule allows can be treated as a transfer of assets and cause a period when Medicaid won't pay for long-term care (OAC 5160:1-6-06.5).

Apply for Medicaid at benefits.ohio.gov or your county Job and Family Services office. For Medicare questions alongside long-term care, you can request a call from a licensed insurance agent. More in Ohio Medicaid and Medicare.

Sources

More questions in this guide

Part of the guide: Ohio Medicaid and Medicare together · All questions

Frequently asked questions

Does a qualified income trust let me keep my income?

No. Money in the trust still goes toward your care. After a personal needs allowance and any allowance for a spouse or dependents, it pays your patient liability and other medical costs.

Do I need a lawyer to set up a QIT in Ohio?

The rule doesn't require one, but the trust must be a valid, irrevocable trust that meets every condition in OAC 5160:1-6-03.2, so many families use an elder law attorney. The trust may pay a small set amount each month for bank and legal fees.

What happens if I miss a monthly deposit?

Income that should have gone into the trust but didn't is counted for that month, which can make you ineligible. Medicaid paid during a month you weren't eligible can be recovered.

Does a QIT work for PASSPORT or other waivers?

Yes. The QIT rule covers Medicaid payment of long-term care services, which include nursing homes and home and community-based waivers.

Licensed insurance agents for Ohio

These independent insurance agents are licensed in Ohio and work with Benefits Life, the publisher of this site. When they enroll you in a plan, the agent and Benefits Life may be paid by the insurance company. Learn more.

Rachael Winter

Rachael Winter

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Independent licensed insurance agent in Ohio

Columbus

Floribel Merced Lopez

Floribel Merced Lopez

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Independent licensed insurance agent in Ohio

Colorado Springs, CO · English, Spanish

Andrea Ensch

Andrea Ensch

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Independent licensed insurance agent in Ohio

Colorado Springs, CO · English

Chiara Lewis

Chiara Lewis

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Independent licensed insurance agent in Ohio

Littleton, CO · English

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