SNT Fairness Act

The Senate unanimously approved the Special Needs Trust Fairness Act (S. 349) to correct an error in the law that presumes that all persons with disabilities lack the mental capacity to handle their own affairs. The legislation was introduced by Sens. Chuck Grassley (R-IA) and Bill Nelson (D-FL), with Sen. Debbie Stabenow (D-MI) joining as a co-sponsor. Special needs trusts help ensure that individuals with disabilities can receive assistance for their long-term services and supports from means-tested programs like Medicaid without becoming utterly destitute.
Under current law, only a parent, grandparent, legal guardian of the individual, or a court can establish a special needs trust in contrast to other parts of the law, such as the recently passed ABLE Act. Those who do not have a parent, grandparent, or legal guardian must petition the court, causing unnecessary legal fees and delay. The Senate Finance Committee has previously unanimously approved the legislation on June 24, 2015, with a series of other health-related measures.

On Friday, September 18, 2015, The House Energy and Commerce Subcommittee on Health will review and hear testimony on four pieces of legislation, including H.R. 670, the Special Needs Trust Fairness Act. The hearing comes less than two weeks following the Special Needs Trust Fairness Act unanimous passage in the Senate on September 9.

Contact your House Representative today and urge support for the Special Needs Trust Fairness Act!

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