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S344 • 2025

Pooled Trust Transfers/Public Benefits Elig.

Pooled Trust Transfers/Public Benefits Elig.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Galey, Ford, Alexander
Last action
2025-06-26
Official status
Ch. SL 2025-24
Effective date
2025-06-26

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Pooled Trust Transfers/Public Benefits Elig.

S344-SMCI-112(sl)-v-5 (2025-09-24): Pooled Trust Transfers/Public Benefits Eligibility.

What This Bill Does

  • S344-SMCI-112(sl)-v-5 (2025-09-24): Pooled Trust Transfers/Public Benefits Eligibility.
  • S344-SMTR-11(e2)-v-2 (2025-04-10): Pooled Trust Transfers/Public Benefits Elig.
  • S344-SMTR-28(e2)-v-2 (2025-06-17): Pooled Trust Transfers/Public Benefits Elig.
  • S344-SMTR-30(e2)-v-2 (2025-06-18): Pooled Trust Transfers/Public Benefits Elig.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Eligibility.

  • 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Eligibility.
  • Analysis of: S.L.
  • 2025-24 Date: August 5, 2025 Prepared by: Legislative Analysis Division Staff Kara McCraw Director *S344-SMCI-112(sl)-v-5* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
  • S.L.
Filed

Plain English: 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.

  • 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.
  • Committee: Senate Rules and Operations of the Senate Date: April 10, 2025 Introduced by: Sens.
  • Galey, Ford, Alexander Prepared by: Jennifer Hillman Staff Attorney Analysis of: Second Edition Kara McCraw Director *S344-SMTR-11(e2)-v-2* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
  • OVERVIEW: Senate Bill 344 would require the Department of Health and Human Services (DHHS), to amend its rules and policies for determining eligibility for the Medicaid program and the State - County Special Assistance (SA) program so that a disabled individual aged 65 years or older may transfer funds into a pooled special needs trust without incurring an eligibility penalty period when the transfer is made for fair market value.
Filed

Plain English: 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.

  • 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.
  • Committee: House Judiciary 1.
  • If favorable, re -refer to Rules, Calendar, and Operations of the House Date: June 17, 2025 Introduced by: Sens.
  • Galey, Ford, Alexander Prepared by: Jennifer Hillman Staff Attorney Analysis of: Second Edition Kara McCraw Director *S344-SMTR-28(e2)-v-2* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Filed

Plain English: 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.

  • 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.
  • Committee: House Rules, Calendar, and Operations of the House Date: June 18, 2025 Introduced by: Sens.
  • Galey, Ford, Alexander Prepared by: Jennifer Hillman Staff Attorney Analysis of: Second Edition Kara McCraw Director *S344-SMTR-30(e2)-v-2* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
  • OVERVIEW: Senate Bill 344 would require the Department of Health and Human Services (DHHS), to amend its rules and policies for determining eligibility for the Medicaid program and the State - County Special Assistance (SA) program so that a disabled individual aged 65 years or older may transfer funds into a pooled special needs trust without incurring an eligibility penalty period when the transfer is made for fair market value.
Filed

Plain English: 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.

  • 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.
  • Committee: Date: July 22, 2025 Introduced by: Prepared by: Jennifer Hillman Staff Attorney Analysis of: S.L.
  • 2025-24 Kara McCraw Director *S344-SMTR-31(sl)-v-2* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
  • OVERVIEW: The act requires the Department of Health and Human Services (DHHS), to amend its rules and policies for determining eligibility for the Medicaid program and the State -County Special Assistance (SA) program so that a disabled individual aged 65 years or older may transfer funds into a pooled special needs trust without incurring an eligibility penalty period when the transfer is made for fair market value.
Filed

Plain English: 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.

  • 2025-2026 General Assembly SENATE BILL 344: Pooled Trust Transfers/Public Benefits Elig.
  • Committee: Senate Health Care.
  • If favorable, re -refer to Rules and Operations of the Senate Date: April 9, 2025 Introduced by: Sens.
  • Galey, Ford, Alexander Prepared by: Jennifer Hillman Staff Attorney Analysis of: First Edition Kara McCraw Director *S344-SMTR-9(e1)-v-5* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.

Bill History

  1. 2025-06-26 North Carolina General Assembly

    Ch. SL 2025-24

  2. 2025-06-26 North Carolina General Assembly

    Signed by Gov. 6/26/2025

  3. 2025-06-20 North Carolina General Assembly

    Pres. To Gov. 6/20/2025

  4. 2025-06-19 North Carolina General Assembly

    Ratified

  5. 2025-06-18 House

    Ordered Enrolled

  6. 2025-06-18 House

    Passed 3rd Reading

  7. 2025-06-18 House

    Passed 2nd Reading

  8. 2025-06-18 House

    Added to Calendar

  9. 2025-06-18 House

    Cal Pursuant Rule 36(b)

  10. 2025-06-18 House

    Reptd Fav

  11. 2025-06-17 House

    Re-ref Com On Rules, Calendar, and Operations of the House

  12. 2025-06-17 House

    Reptd Fav

  13. 2025-06-09 House

    Re-ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  14. 2025-06-09 House

    Withdrawn From Com

  15. 2025-04-28 House

    Ref To Com On Rules, Calendar, and Operations of the House

  16. 2025-04-28 House

    Passed 1st Reading

  17. 2025-04-17 House

    Regular Message Received From Senate

  18. 2025-04-16 Senate

    Regular Message Sent To House

  19. 2025-04-15 Senate

    Passed 3rd Reading

  20. 2025-04-15 Senate

    Passed 2nd Reading

  21. 2025-04-14 Senate

    Reptd Fav

  22. 2025-04-09 Senate

    Re-ref Com On Rules and Operations of the Senate

  23. 2025-04-09 Senate

    Com Substitute Adopted

  24. 2025-04-09 Senate

    Reptd Fav Com Substitute

  25. 2025-03-24 Senate

    Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

  26. 2025-03-24 Senate

    Withdrawn From Com

  27. 2025-03-20 Senate

    Ref To Com On Rules and Operations of the Senate

  28. 2025-03-20 Senate

    Passed 1st Reading

  29. 2025-03-19 Senate

    Filed

Official Summary Text

S344-SMCI-112(sl)-v-5
(2025-09-24): Pooled Trust Transfers/Public Benefits Eligibility.
S344-SMTR-11(e2)-v-2
(2025-04-10): Pooled Trust Transfers/Public Benefits Elig.
S344-SMTR-28(e2)-v-2
(2025-06-17): Pooled Trust Transfers/Public Benefits Elig.
S344-SMTR-30(e2)-v-2
(2025-06-18): Pooled Trust Transfers/Public Benefits Elig.
S344-SMTR-31(sl)-v-2
(2025-07-22): Pooled Trust Transfers/Public Benefits Elig.
S344-SMTR-9(e1)-v-5
(2025-04-09): Pooled Trust Transfers/Public Benefits Elig.

Current Bill Text

Read the full stored bill text 
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-24
SENATE BILL 344

*S344-v-4*
AN ACT TO ENSURE THE TRANSFER OF ASSETS FOR FAIR MARKET VALU E TO
POOLED SPECIAL NEEDS TRUSTS BY SENIORS A GE SIXTY -FIVE AND OL DER
DOES NOT ADVERSELY I MPACT ELIGIBILITY FO R MEDICAID OR
STATE-COUNTY SPECIAL ASSISTANCE.

The General Assembly of North Carolina enacts:

SECTION 1.(a) To the extent allowable under federal law, the Department of Health
and Human Services, Division of Health Benefits, shall amend its rules and policies for
determining eligibility for Medicaid, as necessary, to ensure that a transf er of funds by an
individual 65 years of age or older into a trust that conforms with 42 U.S.C. § 1396p(d)(4)(C) is
treated as a transfer for fair market value under 42 U.S.C. § 1396p(c)(2)(C)(i) to the extent that
the individual making the transfer demons trates that the funds transferred into the trust are
intended to be used by the trustee of the trust, within the life expectancy of the individual, to
provide to the individual goods and services valued at the fair market value of the funds
transferred into the trust.
SECTION 1.(b) To the extent allowable under federal law, the Department of Health
and Human Services shall amend its rules and policies for determining eligibility for
State-County Special Assistance, as necessary, to ensure that a transfer of funds by an individual
65 years of age or older into a trust that conforms with 42 U.S.C. § 1396p(d)(4)(C) is treated as
a transfer for fair market value under 42 U.S.C. § 1382b(c)(1)(C)(iii)(I) to the extent that the
individual making the transfer demonstrates that the funds transferred into the trust are intended
to be used by the trustee of the trust, within the life expectancy of the individual, to provide to
the individual goods and services valued at the fair market value of the funds transferred into the
trust.
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of June, 2025.

s/ Rachel Hunt
President of the Senate

s/ Timothy Reeder, MD
Presiding Officer of the House of Representatives

s/ Josh Stein
Governor

Approved 9:43 a.m. this 26th day of June, 2025