107 STAT. 626 PUBLIC LAW 103-66 —AUG. 10, 1993 "(iii) Accounts in the trust are established solely for the benefit of individuals who are disabled (as defined in section 1614(a)(3)) by the parent, grandparent, or legal guardian of such individuals, by sudi individuals, or by a court. "(iv) To the extent that amounts remaining in the beneficiary's account upon the death of the beneficiary are not retained by the trust, the trust pays to the State fix)m such remaining amounts in the account an amount equal to the total amount of medical assistance paid on behalf of the beneficiary under the State plan under this title. Inter-
- «(5) The State agency shall establish procedures (in accordance
relatioM^ with standards specified by the Secretary) under which the agency waives the application of this subsection with respect to an individual if the individual establishes that such application would work an undue hardship on the individual as determined on the basis of criteria established by the Secretary.". "(6) The term trust' includes any legal instrument or device that is similar to a trust but includes an annuity only to such extent and in such manner as the Secretary specifies.. (c) DEFINITIONS.— Section 1917 (42 U.S.C. 1396p), as amended by subsection (b), is further amended by adding at the end the following new subsection: "(e) In this section, the following definitions shall apply: "(1) The term 'assete', with respect to an individual, includes all income and resources of the individual and of the individual's spouse, including any income or resources which the individual or such individuars spouse is entitled to but does not receive because of action— "(A) by the individual or such individual's spouse, "(B) by a person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or such individual's spouse, or
- (C) by any person, including any court or administrative body, acting at the direction or upon the request of
the individual or such individual's spouse. "(2) The term 'income' has the meaning given such term in section 1612. "(3) The term 'institutionalized individual' means an individual who is an inpatient in a nursing facility, who is an inpatient in a medical institution and with respect to whom payment is made based on a level of care provided in a nursing facility, or who is described in section 1902(a)(10XAXiiXVI). "(4) The term 'noninstitutionalized individual' mecuis an individual receiving any of the services specified in subsection (c)(l)(C)(ii). "(5) The term ^resources' has the meaning given such term in section 1613, without regard (in the case of an institutionalized individual) to the exclusion described in subsection (a)(D of such section.". (d) CONFORMING AMENDMENTS. — (1) Section 1902 (42 U.S.C. 1396a) is amended— (A) in subsection (a)(18), by striking "and transfers of assete" and inserting ", transfers of assete, and treatment of certain trusts"; (B) in subsection (a)(51)—
�
