§ 40.1-21-16 - Administration of self-sufficiency trust fund.
SECTION 40.1-21-16
§ 40.1-21-16 Administration ofself-sufficiency trust fund. – (a) The department of mental health, retardation, and hospitals may acceptmoney from a self-sufficiency trust for deposit in the trust fund pursuant toan agreement with the trust naming one or more beneficiaries who are personswith disabilities or persons otherwise eligible for department servicesresiding in this state and specifying the care, or treatment to be provided forthem. The department shall maintain a separate account in the trust fund foreach named beneficiary.
(b) The money in these accounts shall be spent by thedepartment, pursuant to its rules, only to provide care and treatment for thenamed beneficiaries in accordance with the terms of the agreement.
(c) In the event that the director determines that the moneyin the account of a named beneficiary cannot be used for the care or treatmentof the beneficiary in a manner consistent with the rules of the department andthe agreement, or upon request of the self-sufficiency trust, the remainingmoney in that account, together with any accumulated interest on that account,shall be promptly returned to the self-sufficiency trust which deposited themoney in the trust fund.
(d) The receipt by a beneficiary of money from the trust fundor of care or treatment provided with that money, shall not in any way reduce,impair or diminish the benefits to which the beneficiary is otherwise entitledby law.