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Wyoming Medicaid Excess Income Rule: The Income Trust Exception in Chapter 18

Updated August 27, 2026. Quick answer: Wyoming’s rule is in Medicaid Rules Chapter 18, effective 06/16/2021. It frames the trust as an exception rather than a programme: “To qualify for an Income Trust exception the trust shall be treated in accordance with Section 1917(d)(4)(B)”, and then lists what the trust must be — irrevocable, and “Composed only of pension, Social Security, and other income” of the individual.

What Wyoming requires

Wyoming Department of Health Medicaid Rules Chapter 18
What the state sets outWhat it says
Where the rule sitsWyoming Medicaid Rules, Chapter 18 — Medicaid Eligibility
EffectiveEffective Date: 06/16/2021 to Current
Reference numberReference Number: 048.0037.18.06162021
How it is framed“To qualify for an Income Trust exception the trust shall be treated in accordance with Section 1917(d)(4)(B)”
First requirementIrrevocable.
What it may contain“Composed only of pension, Social Security, and other income”
Where the state standsthe Department must receive amounts remaining in the trust

How it works in practice

  • Framing it as an exception is not merely stylistic. Wyoming’s trust provision sits inside the general treatment of trusts, so the trust is valid only to the extent it meets the listed conditions — it is a carve-out from a rule that otherwise counts trusts.
  • The composition requirement is narrow: “Composed only of pension, Social Security, and other income” and accumulated income of the individual. Putting anything else in takes the trust outside the exception.
  • The federal anchor is the usual one: the trust “To qualify for an Income Trust exception the trust shall be treated in accordance with Section 1917(d)(4)(B)”. That is the same provision every income-cap state uses, so the shape of the document is familiar.

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 Wyoming record.

What this page does not settle

  • Chapter 18 carries an explicit effective date of Effective Date: 06/16/2021 to Current. Wyoming republishes its rules with generation dates, so confirm you are reading the current chapter before relying on a subsection number.
  • This page reads one source: Wyoming Department of Health, Medicaid Rules Chapter 18 — Medicaid Eligibility. 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: Wyoming’s Medicaid Personal Needs Allowance; the amount a nursing-facility resident keeps from their own income each month.

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