Trust Co. of Okl. v. State Ex Rel. Ddhs

KAUGER, Vice Chief Justice:

The issue of first impression presented is whether disbursements from a trust which is not an available resource for medical eligibility purposes may be income which must be considered in the certification process.1 We must also determine whether, under the facts presented, Human Services was estopped from considering distributions from the Barker trust in the certification procedure. We find that: 1) disbursement from a trust which is not an available resource may be income for medical eligibility purposes under 42 U.S.C. § 1896a(a)(17)(B) (Supp.1993)2 if they are…