House
File
648
H-1344
Amend
House
File
648
as
follows:
1
1.
Page
1,
line
10,
after
<
law.
>
by
inserting
<
All
2
distributions
from
a
medical
assistance
special
needs
3
trust
shall
be
for
the
sole
benefit
of
the
beneficiary
4
to
enhance
the
quality
of
life
of
the
beneficiary,
and
5
the
trustee
shall
have
sole
discretion
regarding
such
6
disbursements
to
ensure
compliance
with
beneficiary
7
eligibility
requirements.
Any
distinct
disbursement
8
in
excess
of
one
thousand
dollars
shall
be
subject
to
9
review
by
the
district
court
sitting
in
probate.
>
10
2.
Page
1,
after
line
13
by
inserting:
11
<
Sec.
___.
Section
633C.4,
subsection
2,
Code
2015,
12
is
amended
to
read
as
follows:
13
2.
The
trustee
of
a
medical
assistance
income
14
trust
or
a
medical
assistance
special
needs
trust
15
is
a
fiduciary
for
purposes
of
chapter
633A
and,
in
16
the
exercise
of
the
trustee’s
fiduciary
duties,
the
17
state
shall
be
considered
a
beneficiary
of
the
trust.
18
Regardless
of
the
terms
of
the
trust,
the
trustee
shall
19
not
take
any
action
that
is
not
prudent
in
light
of
20
the
state’s
interest
in
the
trust.
Notwithstanding
21
any
provision
of
chapter
633A
to
the
contrary,
the
22
trustee
of
a
medical
assistance
special
needs
trust
23
shall
be
subject
to
the
jurisdiction
of
the
district
24
court
sitting
in
probate
and
shall
submit
an
accounting
25
of
the
disposition
of
the
trust
to
the
district
court
26
sitting
in
probate
on
an
annual
basis.
>
27
3.
By
renumbering
as
necessary.
28
______________________________
HEATON
of
Henry
______________________________
HEDDENS
of
Story
-1-
HF648.1917
(1)
86
pf/nh
1/
1
#1.
#2.
#3.