Medicaid eligibility rules in effect at time of application determine whether a trust is a countable resource

The Ohio Supreme Court has resolved a conflict among the intermediate appellate courts by holding in Pack v. Osborn, 881 N.E.2d 237 (Ohio 2008), that the rules in effect at the time the beneficiary of a trust applies for Medicaid benefits determine eligibility but that the nature of the beneficiary’s interest in the trust is determined by the law in effect at the time the trust was created.