CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1981
May 25, 1993
103rd Congress, 1993–1994
Enacted — Signed by the President on Aug 10, 1993
This bill was enacted after being signed by the President on August 10, 1993.
Pub.L. 103-66
Read Text »
Last Updated: Aug 6, 1993
Length: 374 pages
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Sponsor: |
Rep. Sabo, Martin Olav [D-MN-5] (Introduced 05/25/1993) |
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Committees: |
House - Budget |
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Committee Reports: |
H.Rept 103-111; H.Rept 103-213 |
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Latest Action: |
08/10/1993 Became Public Law No: 103-66. (All Actions)
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Roll Call Votes: |
There have been 11 roll call votes |
Tracker: This bill has the
status Became Law
Omnibus Budget Reconciliation Act
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| Long title | Omnibus Budget Reconciliation Act |
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| Acronyms(colloquial) | OBRA-93 |
| Nicknames | Deficit Reduction Act of 1993, Revenue Reconciliation Act of 1993 |
| Enacted by | the 103rd United States Congress |
| Effective | August 10, 1993 |
| Citations | |
| Public law | 103-66 |
| Statutes at Large | 107 Stat. 312 through 685 Stat. 1025 (374 pages) |
| Legislative History | |
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Introduced
This is the first step in the legislative process.
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Reported by Committee
A committee has issued a report to the full chamber recommending that the bill be considered further. Only about 1 in 4 bills are reported out of committee. |
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Rules Change — Agreed To
This activity took place on a related bill, H.Res. 186 (103rd). |
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Passed House
The bill was passed in a vote in the House. It goes to the Senate next. |
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Passed Senate with Changes
The Senate passed the bill with changes not in the House version and sent it back to the House to approve the changes. |
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Text Published
Updated bill text was published as of Public Print. |
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Rules Change — Agreed To
This activity took place on a related bill, H.Res. 240 (103rd). |
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Conference Report Agreed to by House
A conference committee was formed, comprising members of both the House and Senate, to resolve the differences in how each chamber passed the bill. The House approved the committee's report proposing the final form of the bill for consideration in both chambers. The Senate must also approve the conference report. |
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Conference Report Agreed to by Senate
The bill was passed by both chambers in identical form. It goes to the President next who may sign or veto the bill. |
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Enacted — Signed by the President
The President signed the bill and it became law. |
LEGISLATIVE HISTORY
There are two major exceptions to the new transfer-of-asset rules that have a tremendous impact on the lives of persons with disabilities. These changes are positive changes and expand our ability to help persons with disabilities to preserve their assets and still qualify (or remain qualified) for Medicaid
OBRA '93 provides for the creation of a Special Needs Trust containing the assets of an individual under age of 65 who is disabled. It provides that the Special Needs Trust is exempt from transfer of resources rules if it has the following characteristics:
A trust containing the assets of an individual under age of 65 who is disabled and which is established for the benefit of such individual by a parent, grandparent, legal guardian of the individual, or a court if the State will receive all amounts remaining in the trust upon the death of such an individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan.
If a person with disabilities, under the age of sixty-five, has money in his or her own name (for example, because of a lawsuit settlement, direct inheritance, savings, or gift), the parent or guardian of the disabled person can create a special needs irrevocable trust and arrange for the transfer of the individual’s assets to the trust.
If the parents are deceased and the individual with disabilities does not have a guardian, the individual can petition the court to create an OBRA ‘93 special needs trust. Once the funds of the disabled person have been transferred to the trust, he or she will be immediately eligible for Medicaid. When the disabled individual dies, the state is entitled to reimbursement from an OBRA ‘93 trust to the extent that it has provided Medicaid funds to that individual. If there are any assets left after the state has been reimbursed for the amount of Medicaid services paid by the state, the remainder of the trust can be transferred to other family members or charities. OBRA ‘93 trusts are sometimes referred to as “pay back” trusts because of this reimbursement requirement.
