Updated August 27, 2026. Quick answer: Nevada calls it a Miller Type or Qualified Income Trust, and its manual states the failure mode in one sentence: “No resources may be used to establish or augment the trust. Inclusion of resources voids the exemption.” Not a penalty, not a cure period — the exemption is gone. And the trust does not shrink the bill: “The customer’s total available income regardless of whether or not deposited into the QIT is used to determine the customer’s share of the cost of care.”
What Nevada requires
| What the state sets out | What it says |
|---|---|
| Nevada’s name for it | Miller Type or Qualified Income Trust (QIT) |
| What it does | A trust established to enable individuals with income that exceeds the income limit, to become eligible for Institutional Medicaid or Home and Community Based Waiver (HCBW) programs by placing their income into the Trust. |
| Revocability | “The trust must be irrevocable.” |
| What may fund it | The trust must be established from income of the recipient, composed only of the individual’s pensions, Social Security, and any other unearned income which the individual receives, from whatever source, including accumulated interest in the trust. |
| If resources go in | “No resources may be used to establish or augment the trust. Inclusion of resources voids the exemption.” |
| Effect on cost of care | “The customer’s total available income regardless of whether or not deposited into the QIT is used to determine the customer’s share of the cost of care.” |
| Who reviews the document | When an individual has an income trust or court document, a copy of the trust or document must be sent to the Chief of Eligibility & Payments (E&P) to determine if it meets the requirements for an exempt trust. |
How it works in practice
- “Voids the exemption” is stronger language than most states use, and it is the reason a QIT account should never be opened with a personal deposit to meet a bank minimum.
- The trust fixes the eligibility test and nothing about what you pay. Nevada is explicit that total available income “regardless of whether or not deposited into the QIT” sets the share of cost, so the money still goes to care.
- There is a named reviewer. The trust document goes to the Chief of Eligibility & Payments for a determination that it meets the requirements — a step worth building into the timeline rather than discovering.
The mechanism itself — why an income cap exists and what the trust must contain — is explained on the income-cap and Miller trust page. This page is the record for Nevada.
What this page does not settle
- Only unearned income of the recipient funds it, “from whatever source, including accumulated interest in the trust”. Interest earned inside the trust is expected; outside assets are not.
- This page reads one source: Nevada DWSS Medical Assistance Manual, F-520.6 Miller Type or Qualified Income Trusts. It is the state’s own publication on this rule, but no state puts its whole treatment of excess income in a single document, and a detail that decides your case may sit in one this page did not read.
- A trust fixes an income problem and nothing else. The asset test, the level-of-care test and the transfer-of-assets look-back are separate hurdles, each decided on your own file, and meeting this rule does not clear any of them.
- Every quotation here was read against the source on August 27, 2026. States revise these rules, and a figure or a section number can move without the page around it changing. Open the source before you rely on a detail.
Eligibility is decided by the state agency on the whole file, not by one rule on one page. Nothing here is legal advice, and no one should move, retitle or assign income on the strength of a web page.
Sources
The source above was retrieved and read against the state text on August 27, 2026. Every quotation on this page was checked against those bytes.
Related: Nevada’s Medicaid home equity limit for a single applicant with no spouse or dependent child at home.