Estate Recovery

1st-party Court-Established Special Needs Trust and the State’s Right to Reimbursement for Medical Assistance Paid on Behalf of the Beneficiary under a State Plan?

Any first-party special needs trust is invalid unless it contains a provision that “the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan.”  {42 U.S.C. § 1396p(d)(4)(A).}