Maryland uses the life expectancy tables published by the Office of the Actuary of the Social Security Administration, here.

ANNUITY RULES

According to the Maryland Department of Health and Mental Hygiene Medical Assistance Manual, section 10.09.24.08 entitled Resources:

a. The State of Maryland must be named as the remainder beneficiary in the position after only the individual’s community spouse and/or the institutionalized individual’s child who is younger than 21 years old or disabled, for the total amount of Medicaid payments (not just the LTC payments) on the institutionalized individual’s behalf. The annuity’s terms must also specify that the State is named in the first position if the community spouse, the child, or the representative disposes of the remainder for less than fair market value.

i. Therefore, for an annuity owned by the community spouse, the State must be named in the first position, unless the institutionalized individual has a minor or disabled child. The State may not be named behind the institutionalized spouse or any other individual.

b. A penalty is not imposed if the annuity:

i. Meets the requirements in the Internal Revenue Code of 1986 as:

1. an individual retirement annuity; or
2. a deemed individual retirement account (IRA) under a qualified employer plan; or

ii. Was purchased with proceeds from:

1. a traditional IRA; or
2. an account or trust which is treated as a traditional IRA; or
3. a simplified retirement account; or
4. a simplified employee pension; or
5. a Roth IRA; or

iii. Meets all of the following requirements:

1. Provides for payments in approximately equal amounts during the annuity’s term to the annuitant, with no deferral and no balloon payments, to the annuitant; annuitant’s souse, or annuitant’s child who is younger than 21 years or disabled; and
2. is irrevocable, non-assignable, actuarially sound based on actuarial projections for the purchaser’s life expectancy.

For more information please visit Maryland’s Department of Health and Mental Hygiene website.

Print