Newsletter 

August 2025

CCT Celebrates Service and Commitment

August 17 is National Nonprofit Day, and as a nonprofit organization, I want to recognize the dedication, compassion, and tireless effort of the staff here at CCT and all staff working in the nonprofit arena. Having a mission that benefits the public, makes a profound difference in the lives of others, and helps create a better world is something that we see, we admire, and we’re deeply honored to be a part of.  

Our FAQ this month explains the different types of Medicaid and highlights the differences between expansion Medicaid and standard Medicaid when determining which type of trust is most beneficial. The New Clients staff are recognized for their role in welcoming prospective beneficiaries, professionals, and their clients who contact us by providing information, answering questions, and ultimately assisting with the process of joining.  The team is knowledgeable, responsive, and available as needed.  

It's hard to believe how quickly time passes. At CCT, our staff has been busy onboarding groups of pooled trust transfers and participating in both the Special Needs Alliance and on the board of the Alliance of Pooled Trusts, which are both nonprofit organizations dedicated to helping the special needs community. Additionally, CCT dedicates time to projects that support a wide range of nonprofit organizations and the people those organizations serve. 

With gratitude for the opportunity to serve our clients and the trust you have in us,

Joanne Marcus, MSW 
President & CEO

jmarcus@trustCCT.org
804-740-6930

FAQ

Question: 

Why is it important to know the type of Medicaid my client receives? 

Answer: 

Knowing about the different types of Medicaid programs that can be helpful in determining whether a pooled special needs trust (PSNT) or a settlement preservation trust is most appropriate, or if a trust is even an option for your clients. 

Medicaid is both a federal and state funded program, and the rules governing Medicaid are unique to each state – and to make things more confusing, states have their own names for their Medicaid programs. The three main categories of Medicaid to consider are: 

1. Medicaid based on a disability determination. This is a federal- and state-funded health insurance program for eligible individuals. While eligibility requirements vary state by state, typically this requires that a recipient have only a limited amount of countable assets – usually no more than $2,000.00. Many individual assets are excluded, such as a single car, a home the recipient owns and lives in, and the recipient’s personal effects. 

There are many complex aspects of Medicaid qualification, but the core issue is that Medicaid recipients who otherwise meet the criteria, such as having a disability, but who have assets that would otherwise disqualify them from eligibility, can put those assets into CCT's first party PSNT or third party PSNT. This will result in those assets being available for the recipient’s needs, but excluded for eligibility purposes, protecting this valuable benefit. 

2. Medicaid Long Term Care and Waiver programs. Medicaid Long Term Care (LTC) is designed to assist eligible people with long-term care support, such as paying for nursing facilities. Medicaid Waiver programs allow for Medicaid to fund home and community based services that provide nursing facility level of care to keep people in their homes or community rather than in a nursing facility or similar care facility. 

In some states, LTC and Waiver Medicaid programs have restrictions on funding a first-party PSNT after a person reaches the age of 65. In these states, funding a PSNT after 65 is considered a transfer of assets for less than fair market value (an “uncompensated transfer”), and eligibility for LTC and Waiver Medicaid will be denied for a number of months based on the amount transferred to the PSNT sub-account and the state’s monthly nursing facility cost – sometimes broken up by geographical region within the state. 

Many states that assess an uncompensated transfer penalty for funding a first-party PSNT allow it if the transfer is actuarially sound – that is, likely to be used during the client’s lifetime. So even if you have a client receiving LTC or Waiver Medicaid who is past the age of 65, they may still be able to fund a first-party PSNT depending on the amount of the transfer and the client’s life expectancy.

CCT can help assist providing any information we have that a Medicaid office may need in making those determinations. 

3. Medicaid Expansion. This is a Medicaid program some states offer to people based solely on low income and not a disability.  It was intended to fill a “coverage gap” of people who do not qualify for the Affordable Care Act’s health insurance premium subsidies, but also do not qualify for normal Medicaid coverage due to not meeting age, asset limit, or other eligibility requirements. 

The key thing to know is that a client receiving Medicaid Expansion does not have an asset limit. This means that funding a first-party PSNT account will open up Medicaid payback upon the client’s death, when that might not otherwise have been the case. 

There are many instances where a Pooled Trust might still be appropriate for someone receiving Medicaid Expansion – CCT can help your clients in many ways. For example, many people might benefit from a trust administrator if they are vulnerable due to substance abuse, a mild brain injury, or most significantly, if they are a minor. Our Settlement Preservation Pooled Trust is designed to meet the needs of this type of client. CCT’s services are personal, caring, and professional. 

You don’t need to have the details memorized, simply being able to issue spot and know to call CCT.  CCT’s experienced and highly trained New Clients staff are knowledgeable and can assist you in determining what is appropriate for your client. 

Call (804) 740-6930 or email contact@trustCCT.org  with any questions and we’ll be glad to assist. 

Our Client Services Staff Who Sets Us Apart

Commonwealth Community Trust (CCT) has a dedicated onboarding team, focused on ensuring the professionals and potential beneficiaries and their families receive the attention and support they deserve.  We answer questions and review drafts of documents and assist throughout the process from choosing CCT to completing the paperwork. Let me introduce you to the Onboarding Team. 

Our New Clients Team is ready to assist you. From left to right: Kaylan Hood, Associate Director of New Clients; Rachel Baer, Esq., Counsel and Director of New Clients; and Courtney Wilkerson, Senior New Client Coordinator.

For prospective beneficiaries and their significant others, Courtney Wilkerson, Senior New Client Coordinator, is the first point of contact. Courtney’s warm and welcoming approach provides a perfect introduction to CCT’s overall level of service. Before joining CCT, Courtney earned an English degree from Randolph-Macon College. Though not related to her study of Shakespeare, Courtney landed a job as a 911 call center operator. Her innate crisis management expertise and calm demeanor grew within this role, setting her up for further work with people facing difficult times and decisions. Courtney shared that families exploring pooled trusts “can feel a bit lost or overwhelmed, so I always make sure to explain things in a way that’s approachable and easy to understand. My goal is to give them the tools they need to make the best-informed decision for their situation”. 

In cases of attorneys or settlement or financial planners supporting clients who may benefit from pooled trusts, their first point of contact at Commonwealth Community Trust (CCT) is Kaylan Hood, Associate Director of New Clients. Her role is crucial in ensuring that professionals understand what CCT has to offer, from sharing a general overview of how pooled trusts operate to providing support by reviewing necessary onboarding documentation for completeness and accuracy. This may include coordinating with CCT’s Counsel and Director of New Client Services, Rachel Baer, Esq., to give feedback related to court orders or language for wills or other documents related to trust creation. 

CCT’s website offers extensive resources for professionals and laypersons interested in learning more or setting up a pooled trust.

(Click the Image to Watch the Video)

Welcoming New Clients: CCT's Easy Onboarding Process

CCT’s mission to provide client-centered services permeates all aspects of our work, starting with our New Client Team.  From the first contact, whether by email, phone call, or our website contact form, our New Client Team responds quickly to the attorney, settlement planner, or family member. Our goal is to make the onboarding process user-friendly and to be as helpful as possible.  Further, our website provides easy access to information about CCT and our documents, including master trust documents, joinder agreements, a sample joinder agreement, fee schedules, disbursement manuals, and much more.

For litigation attorneys looking to protect a disabled client’s benefits, we provide sample court order language and offer to review the draft order and Joinder Agreement when they are ready.  We work closely with settlement planners on the funding of the trust.  For estate planning attorneys who are helping their clients complete their estate plan, we provide suggested language to include in estate planning documents and beneficiary designations.

We also work closely with the beneficiaries and their loved ones to answer their questions and walk them through the Joinder Agreement and other documents needed to set up the trust. Our goal is to provide answers and to be accessible so there is a comfort level in selecting CCT as the trust administrator.

If there is anything we can do to help you or your client, please call us at (804) 740-6930 and ask for the New Clients Team or email contact@trustCCT.org . 

Conferences & Presentations

Counsel & Client Services Director, Ben Tiefenback, Esq., presents Pooled Special Needs Trusts: An Important Tool to Protect Clients and Preserve Public Benefits

August 

1. August 1, 2025 | Lawline - Webcast - CLE Presentation by Ben Tiefenback, Esq. - Pooled Special Needs Trusts: An Important Tool to Protect Clients & Preserve Public Benefits  
2. August 7-9, 2025 | South Carolina Advocates for Justice - Annual Convention 
3. August 27, 2025 | Strafford -Webinar -CLE Presentation by Rachel Baer, Esq., Ben Tiefenback, Esq., and Craig Pawley, Executive Vice President of Business Development, Medivest -  Medicare Set-Asides, Pooled Trusts, and Public Benefits: A Practical Guide for Attorneys 

September 

1. September 10, 2025 | Virginia CLE - In Person Seminar - CLE Presentation by Ben Tiefenback, Esq. -  Protecting Vulnerable Clients 
2. September 11, 2025 | Virginia CLE -  Advanced Elder Law Seminar  
3. September 12, 2025 | Virginia Academy of Elder Law Attorneys (VAELA)  - Fall Conference  
4. September 16, 2025 | National Academy of Elder Law Attorneys (NAELA) - Lunch and Learn - CLE Optional Presentation by Ben Tiefenback, Esq.- Pooled Special Needs Trusts: How to Make Confident, Informed Recommendations 
5. September 18, 2025 | Society of Settlement Planners - Webinar- Presentation by Ben Tiefenback, Esq.- How to Evaluate Pooled Trusts 
6. September 25, 2025 | MyLaw CLE - Webinar - CLE Presentation by Joanne Marcus, MSW and Ben Tiefenback, Esq.- Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations 
7. September 25-28, 2025 |  National Academy of Elder Law Attorneys North Carolina Chapter (NC NAELA) - Fall UnProgram 
8. September 25-26, 2025 | Nebraska Association of Trial Attorneys (NATA) - Fall CLE Seminar   

October 

1. October 6, 2025 | Lawline - Webcast - CLE Presentation by Ben Tiefenback, Esq.- Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations 
2. October 14-16, 2025  | Arcadia  - Aggregate 2025 
3. October 14, 2025 | Society of Women Trial Lawyers - Webinar - CLE Presentation by Rachel Baer, Esq. - Protecting Vulnerable Plaintiffs 
4. October 16-19, 2025 | American Academy of Estate Planning Attorneys (AAEPA)-  Fall Summit 
5. October 20, 2025 | Estate Planning Council of Lee County - Special Monday Meeting - CLE Presentation by Rachel Baer, Esq. - Pooled Special Needs Trusts 
6. October 22-25, 2025 | Stetson University Law - National Conference on Special Needs Planning and Special Needs Trusts 
7. October 24-25, 2025 | Special Needs Alliance - Fall Meeting 
8. October 28, 2025 | Pennsylvania Association of Elder Law Attorneys (PAELA) - Webinar - CLE Presentation by Ben Tiefenback, Esq. - Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations 

(Click the Image to Watch the Video)