H. B. 2064


(By Delegates Douglas and Rowe)
[Introduced January 18, 1995; referred to the
Committee on Health and Human Resources then
Finance.]



A BILL to amend chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seven-a, relating to the creation and administration of self-sufficiency trusts; providing for a short title; setting forth definitions; creating a self-sufficiency trust account within the state treasurer's office; authorizing the department of health and human resources to administer funds in the account; effect of other benefits; and establishing a special account for the disabled.

Be it enacted by the Legislature of West Virginia:
That chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article seven-a, to read as follows:
ARTICLE 7A. SELF-SUFFICIENCY TRUST FUND ACT.
§36-7A-1. Short title.

This act may be cited as the "Self-Sufficiency Trust Fund Act."
§36-7A-2. Definitions.

As used in this article, the term:
(1) "Department" means the department of health and human resources;
(2) "Secretary" means the secretary of the department of health and human resources or his or her designee;
(3) "Self-sufficiency trust" means a trust created by a nonprofit corporation organized pursuant to the provisions of article one, chapter thirty-one of this code, which has received from the Internal Revenue Service a determination letter that is currently in effect stating that the organization is exempt from federal taxation as described in subsection 501(c)(3) of the Internal Revenue Code, for the purpose of providing for the care and treatment of one or more persons who are residents of this state and who are developmentally disabled, mentally ill, physically disabled, or otherwise eligible for services, as determined by the secretary.
§36§36-7A-3. Creation of self-sufficiency trust account.
(a) A self-sufficiency trust account, designated the "self-sufficiency trust account" is hereby created within the state treasury. The state treasurer shall deposit to the credit of the trust account funds received from a self-sufficiency trust for that purpose. The state auditor shall direct payments from the trust account by warrant on the treasurer upon claims certified by the secretary.
(b) The assets of the trust account are to be preserved, invested, and expended in the manner and for the purposes set forth in section four of this article. At the end of each fiscal year, the unexpended trust account balance shall carry forward to the next fiscal year and shall not revert to the general revenue fund of the state.
§36-7A-4. Administration of trust account.

(a) The department may accept funds from a self-sufficiency trust for deposit in the self-sufficiency trust account pursuant to an agreement with the self-sufficiency trust naming one or more beneficiaries who are residents of this state and who are developmentally disabled, mentally ill, physically disabled, or otherwise eligible for services, as determined by the secretary. The agreement shall include provisions specifying the care or treatment to be provided for each named beneficiary. All funds in the trust account are to be accounted for separately for each named beneficiary. The funds in the trust account may only be used by the department to provide for the care or treatment of the named beneficiary in accordance with the terms of the agreement.
(b) If the secretary determines that the funds in the trust account for a named beneficiary cannot be used to provide for the care and treatment of the beneficiary in a manner consistent with the agreement, or upon request of the self-sufficiency trust, the remaining funds in the trust account for the named beneficiary, together with any accumulated interest, shall be promptly returned to the self-sufficiency trust that provided the funds for deposit in the trust account.
(c) The trust account funds are to be deposited in the state treasury and invested as provided for the "state account" established in section eight, article six, chapter twelve of this code and the investment earnings thereon credited to the trust account.
§36-7A-5. Benefits not affected.

The receipt by a beneficiary of supplemental services as a result of the self-sufficiency trust account or of care and treatment provided by the self-sufficiency trust may not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled to by law.
§36-7A-6. Special account.

There is created within the self-sufficiency trust account a special account for the disabled, designated "self-sufficiency trust disabled account." The department may accept funds from any source for deposit into the special account. The funds in the special account may only be used by the department, subject to appropriations, for the purpose of providing for the care and treatment of low-income, developmentally disabled, mentally ill, and physically disabled persons, or low-income persons otherwise eligible for services, as determined by the secretary.

NOTE: The purpose of this bill is to establish a self-sufficiency trust account in the state treasury to enable private moneys to be deposited into an account, administered by the Department of Health and Human Resources, for the purpose of providing supplemental services to persons who are developmentally disabled, mentally ill, physically disabled or otherwise eligible for services, as determined by the department.

Article 7A is new; therefore, strike-throughs and underscoring have been omitted.