H. B. 2064
(By Delegates Douglas and Rowe)
[Introduced January 18, 1995; referred to the
Committee on Health and Human Resources then
A BILL to amend chapter thirty-six of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article seven-a, relating
to the creation and administration of self-sufficiency
trusts; providing for a short title; setting forth
definitions; creating a self-sufficiency trust account
within the state treasurer's office; authorizing the
department of health and human resources to administer funds
in the account; effect of other benefits; and establishing
a special account for the disabled.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-six of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article seven-a, to read
ARTICLE 7A. SELF-SUFFICIENCY TRUST FUND ACT.
§36-7A-1. Short title.
This act may be cited as the "Self-Sufficiency Trust Fund
As used in this article, the term:
(1) "Department" means the department of health and human
(2) "Secretary" means the secretary of the department of
health and human resources or his or her designee;
(3) "Self-sufficiency trust" means a trust created by a
nonprofit corporation organized pursuant to the provisions of
article one, chapter thirty-one of this code, which has received
from the Internal Revenue Service a determination letter that is
currently in effect stating that the organization is exempt from
federal taxation as described in subsection 501(c)(3) of the
Internal Revenue Code, for the purpose of providing for the care
and treatment of one or more persons who are residents of this
state and who are developmentally disabled, mentally ill,
physically disabled, or otherwise eligible for services, as
determined by the secretary.
§36§36-7A-3. Creation of self-sufficiency trust account.
(a) A self-sufficiency trust account, designated the
"self-sufficiency trust account" is hereby created within the
state treasury. The state treasurer shall deposit to the credit
of the trust account funds received from a self-sufficiency trust
for that purpose. The state auditor shall direct payments from
the trust account by warrant on the treasurer upon claims
certified by the secretary.
(b) The assets of the trust account are to be preserved,
invested, and expended in the manner and for the purposes set
forth in section four of this article. At the end of each fiscal
year, the unexpended trust account balance shall carry forward to
the next fiscal year and shall not revert to the general revenue
fund of the state.
§36-7A-4. Administration of trust account.
(a) The department may accept funds from a self-sufficiency
trust for deposit in the self-sufficiency trust account pursuant
to an agreement with the self-sufficiency trust naming one or
more beneficiaries who are residents of this state and who are
developmentally disabled, mentally ill, physically disabled, or otherwise eligible for services, as determined by the secretary.
The agreement shall include provisions specifying the care or
treatment to be provided for each named beneficiary. All funds
in the trust account are to be accounted for separately for each
named beneficiary. The funds in the trust account may only be
used by the department to provide for the care or treatment of
the named beneficiary in accordance with the terms of the
(b) If the secretary determines that the funds in the trust
account for a named beneficiary cannot be used to provide for the
care and treatment of the beneficiary in a manner consistent with
the agreement, or upon request of the self-sufficiency trust, the
remaining funds in the trust account for the named beneficiary,
together with any accumulated interest, shall be promptly
returned to the self-sufficiency trust that provided the funds
for deposit in the trust account.
(c) The trust account funds are to be deposited in the state
treasury and invested as provided for the "state account"
established in section eight, article six, chapter twelve of this
code and the investment earnings thereon credited to the trust account.
§36-7A-5. Benefits not affected.
The receipt by a beneficiary of supplemental services as a
result of the self-sufficiency trust account or of care and
treatment provided by the self-sufficiency trust may not in any
way reduce, impair, or diminish the benefits to which the
beneficiary is otherwise entitled to by law.
§36-7A-6. Special account.
There is created within the self-sufficiency trust account
a special account for the disabled, designated "self-sufficiency
trust disabled account." The department may accept funds from
any source for deposit into the special account. The funds in
the special account may only be used by the department, subject
to appropriations, for the purpose of providing for the care and
treatment of low-income, developmentally disabled, mentally ill,
and physically disabled persons, or low-income persons otherwise
eligible for services, as determined by the secretary.
NOTE: The purpose of this bill is to establish a
self-sufficiency trust account in the state treasury to enable
private moneys to be deposited into an account, administered by
the Department of Health and Human Resources, for the purpose of providing supplemental services to persons who are
developmentally disabled, mentally ill, physically disabled or
otherwise eligible for services, as determined by the department.
Article 7A is new; therefore, strike-throughs and
underscoring have been omitted.