FAQs for Attorneys

The 13th Restatement of our Pooled Medicaid Payback Trust was approved by the Social Security Administration and we received written confirmation of the approval on September 10, 2020.

Please fax all written communication regarding the decision to Community Fund Ohio at 216.867.9783 and follow up with a phone call to our Administrative Office at 216.736.4540. Community Fund will review the submitted information and may be able to provide supplemental information or refer the matter to our counsel at no charge to your client. We recognize that your client will need to act quickly, and we recommend that he or she take the necessary action to preserve an appeal of the adverse decision even while waiting for a response from Community Fund.

Community Fund Ohio communicates with the attorney of record while the Joinder Application is being reviewed. Community Fund will send a copy of the fully executed Joinder Agreement to the attorney identified on the Joinder Agreement once it is approved. After the sub-account is established, Community Fund requires that either Section 15.b. of the Joinder Agreement be completed or an authorization signed by the Designated Advocate be on file to release information to any third party, including an attorney.

We recognize that forms and styles may differ, but generally speaking, we recommend using language similar to the following: “To The Huntington National Bank, or its successor, as Trustee of the Community Fund Management Foundation [Pooled Medicaid Payback Trust or Master Trust] for the benefit of [Beneficiary’s Full Name], Agreement Number [Agreement Number].” Each sub-account is assigned a separate EIN/TIN. Please contact our Trust Development Coordinators if you require the EIN/TIN or need additional information.

All correspondence should be sent to Community Fund Ohio as Trust Advisor at our Administrative Office located at 17900 Jefferson Park, Suite 102, Middleburg Heights, Ohio 44130. Our fax number is 216.867.9783.

A Distribution Request may be submitted with the Joinder Application and, if the Joinder Application is approved, the Distribution Request will be sent to our Distribution Department for processing as soon as the deposited funds are available. It is not necessary to wait until there is a confirmation the Joinder Application has been approved.

This is a decision that is personal to the person establishing the Trust and the Beneficiary funding the Trust. A person establishing a Pooled Medicaid Payback Trust has the choice to leave the funds, if any, to Community Fund Ohio or one of our nonprofit partners after the Beneficiary’s death. Any funds retained by Community Fund Ohio are deposited in our Perpetual Trust and used to make grants that benefit Ohio residents with disabilities. Retained funds may also be used to further the purpose of our nonprofit. If funds are not retained by the Trust, Community Fund Ohio is obligated by the terms of the Trust to use the funds to repay any state that has provided Medicaid assistance to the Beneficiary. Only after Medicaid payback can funds be distributed to other “remainder distributees” named in the Trust documents, such as family, friends, a trust, or other charities who are not nonprofit partners of Community Fund Ohio.

Community Fund Ohio partners with other Ohio nonprofits to allow those organizations to receive the remaining funds at the Beneficiary’s death. In order to leave funds to one of our partners, the corresponding Joinder Application must be completed.

Anyone who will act in the Beneficiary’s best interest and can follow our procedures may serve as Designated Advocate. The Beneficiary, so long as he or she is a competent adult, or the Beneficiary’s guardian, power of attorney, family member, friend, representative payee, or service provider may serve as Designated Advocate. An entity may be appointed as Designated Advocate although we require that a specific contact person within that entity be named to ensure the person communicating with Community Fund Ohio has authority to do so.

A Beneficiary who is age 65 or older at the time a Pooled Medicaid Payback Trust is established and/or funded may be penalized for funding the Trust if the Beneficiary receives Medicaid or Supplemental Security Income (SSI). Please contact our Trust Development Coordinators for information if the prospective Beneficiary is a Medicaid or SSI recipient and is 65 or older. This is not a concern when establishing a Master Trust.

We can provide suggestions. Please contact our Trust Development Coordinators or Associate Directors for more information.

FAQs about Administering a Trust After a Beneficiary has Died

FAQs about Deposits

FAQs about Designated Advocates

FAQs about Distributions

FAQs about Taxes

FAQs for Attorneys

FAQs for Grant Applicants

FAQs for Recently Established Trusts

FAQs for Attorneys

Has the Pooled Medicaid Payback Trust been approved by the Social Security Administration?

My client has received notice that the Trust is being counted as a resource or as income. What should he or she do?

Will Community Fund Ohio release information to the attorney?

How do I reference an established Community Fund Trust in a Beneficiary designation?

Where should I send correspondence? Should some correspondence be sent to the Trustee or to the Associate Director closest to me?

May I submit a Distribution Request with the Joinder Application or do I need to wait until it is accepted?

How does my client choose between Medicaid payback and retention of funds by Community Fund Ohio or a nonprofit partner on the Pooled Medicaid Payback Trust Joinder Application? What does Community Fund Ohio do with retained funds?

Why are there different versions of the Joinder Application for the Pooled Medicaid Payback Trust?

Who should serve as Designated Advocate?

Why is the Beneficiary’s age relevant to the Pooled Medicaid Payback Trust establishment?

Do you have examples of language allowing a fiduciary to establish a Community Fund Management Foundation Master Trust or Pooled Medicaid Payback Trust?