Connecticut Senate Bill SB00104

Connecticut 2010 Regular Session

• Introduced: 2/10/10
• Refer: 2/10/10

Caption

An Act Establishing A Cause Of Action For Nursing Home Facilities Against Recipients Of Transfers Of Assets.

Impact

The implementation of SB00104 is anticipated to have substantial implications on state laws surrounding nursing home financing and Medicaid eligibility. It provides nursing homes with a legal basis to seek compensation from individuals who may have intentionally or unintentionally affected a resident's eligibility for assistance. This bill addresses the issue of financial responsibility during periods when nursing homes may otherwise struggle to collect payments due to Medicaid ineligibility caused by asset transfers.

Summary

Bill SB00104 aims to establish a cause of action for nursing home facilities against individuals who receive transfers of assets that impact a patient's eligibility for Medicaid assistance. Specifically, the bill permits nursing homes to recover outstanding balances for services rendered to residents who have been subjected to a penalty period due to such asset transfers. This recovery is limited to the fair market value of the assets at the time of transfer or the outstanding balance for services during the penalty period, whichever is lower.

Contention

While proponents of the bill argue that it provides necessary protections for nursing homes aiming to receive fair compensation for their services, there may be concerns regarding the fairness and equity of holding asset recipients accountable. Critics may contend that this could disproportionately affect families with legitimate asset transfers who are not attempting to evade financial responsibility for nursing home care. The bill may face scrutiny over its implications for individuals potentially facing financial hardship due to unforeseen consequences of such asset transfers.