In 1993, Congress enacted Section 1917(d)(4)(A) of the Social Security Act, authorizing the establishment of special needs trusts (also called first-party trusts and self-settled trusts). First-party special needs trusts enable disabled individuals to set aside their funds to pay for supplemental care while enabling those individuals to remain eligible for government benefits. See 42 U.S.C.

A recent New Jersey Appellate Division opinion determined the limits of a lower court’s jurisdiction with respect to deciding Medicaid eligibility.  The Appellate Division in In re A.N., 430 N.J. Super. 235 (2013), found that the Chancery Division exceeded its jurisdiction in making a Medicaid eligibility determination, holding that only the Division of Medical