Section 365-220-075. What happens if a beneficiary is determined to no longer meet the Washington state definition of developmental disability in RCW 71A.10.020(3)?

If the beneficiary is determined to no longer meet the definition of a person with a developmental disability in RCW 71A.10.020(3), the governing board may elect, at its discretion, one of three options:

A	The balance of the beneficiary's individual trust account will be placed in another existing special needs trust established for the beneficiary. Any costs relating to the transfer will be charged to the beneficiary's individual trust account.

-OR-

B	The beneficiary's individual trust account will remain open, and the account will be assessed fees at a level that will support all costs of maintaining the account. The beneficiary will no longer be eligible for the state match as of the date the beneficiary is determined to no longer meet the definition of a person with a developmental disability in RCW 71A.10.020(3).

-OR-

C	The trust manager will make or direct distributions to or for the benefit of the beneficiary.

The primary representative is required to notify the trust manager if the beneficiary is found to no longer meet the definition of a person with a developmental disability in RCW 71A.10.020(3).

[Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-075, filed 3/12/02, effective 4/12/02.]

RCW 43.330.240. WSR 02-07-026, § 365-220-075, filed 3/12/02, effective 4/12/02.