General Assembly Raised Bill No. 6494
January Session, 2011 LCO No. 3959
*03959_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 6494
January Session, 2011
LCO No. 3959
*03959_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT CONCERNING CLAIMS OF THE STATE FOR REPAYMENT OF AID AND PARENTAL LIABILITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 17b-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) If a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program has or acquires property of any kind or interest in any property, estate or claim of any kind, except moneys received for the replacement of real or personal property, the state of Connecticut shall have a claim subject to subsections (b) and (c) of this section, which shall have priority over all other unsecured claims and unrecorded encumbrances, against such beneficiary for the full amount paid, subject to the provisions of section 17b-94, as amended by this act, to him or on his behalf under said programs; and, in addition thereto, the parents of an aid to dependent children beneficiary, a state-administered general assistance beneficiary or a temporary family assistance beneficiary shall be liable to repay, subject to the provisions of [said] section 17b-94, as amended by this act, to the state the full amount of any such aid paid to or on behalf of either parent, his spouse, and his dependent child or children, as defined in section 17b-75. The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or claim of any kind of the parents of an aid to dependent children beneficiary, in addition and not in substitution of its claim, for amounts owing under any order for support of any court or any family support magistrate, including any arrearage under such order, provided household goods and other personal property identified in section 52-352b, real property pursuant to section 17b-79, as long as such property is used as a home for the beneficiary and money received for the replacement of real or personal property, shall be exempt from such lien.
Sec. 2. Section 17b-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) In the case of causes of action of beneficiaries of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93, or of a parent [of a beneficiary of the aid to families with dependent children program, the temporary family assistance program or the state-administered general assistance program] liable to repay the state under the provisions of section 17b-93, as amended by this act, the claim of the state shall be a lien against the proceeds therefrom in the amount of the assistance paid or fifty per cent of the proceeds received by such beneficiary or such parent after payment of all expenses connected with the cause of action, whichever is less, for repayment under [said] section 17b-93, as amended by this act, and shall have priority over all other claims except attorney's fees for said causes, expenses of suit, costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits; and such claim shall consist of the total assistance repayment for which claim may be made under said programs. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under [said] section 17b-93, as amended by this act, irrespective of any other provision of law. Upon presentation to the attorney for the beneficiary of an assignment of such proceeds executed by the beneficiary or his conservator or guardian, such assignment shall constitute an irrevocable direction to the attorney to pay the Commissioner of Administrative Services in accordance with its terms, except if, after settlement of the cause of action or judgment thereon, the Commissioner of Administrative Services does not inform the attorney for the beneficiary of the amount of lien which is to be paid to the Commissioner of Administrative Services within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such beneficiary and shall not be liable for any loss the state may sustain thereby.
(b) In the case of an inheritance of an estate by a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93 or of a parent liable to repay the state under the provisions of section 17b-93, as amended by this act, fifty per cent of the assets of the estate payable to the beneficiary or such parent or the amount of such assets equal to the amount of assistance paid, whichever is less, shall be assignable to the state for payment of the amount due under [said] section 17b-93, as amended by this act. The state shall have a lien against such assets in the applicable amount specified in this subsection. The Court of Probate shall accept any such assignment executed by the beneficiary or parent or any such lien notice if such assignment or lien notice is filed by the Commissioner of Administrative Services with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance [therewith] with such assignment or lien notice. If the Commissioner of Administrative Services receives any assets of an estate pursuant to any such assignment, the commissioner shall be subject to the same duties and liabilities concerning such assigned assets as the beneficiary or parent.
Sec. 3. Section 17b-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
A patient who is receiving or has received care in a state humane institution, his estate or both shall be liable to reimburse the state for any unpaid portion of per capita cost to the same extent as the liability of a public assistance beneficiary under sections 17b-93, as amended by this act, and 17b-95, subject to the same protection of a surviving spouse or dependent child as is [therein] provided in section 17b-95 and subject to the same limitations and the same assignment and lien rights as provided in section 17b-94, as amended by this act.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2011 17b-93(a)
Sec. 2 July 1, 2011 17b-94
Sec. 3 July 1, 2011 17b-224
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2011
17b-93(a)
Sec. 2
July 1, 2011
17b-94
Sec. 3
July 1, 2011
17b-224
Statement of Purpose:
To clarify that parental liability to the state is limited to the cost of aid and care received by a parent's dependent child, that the state has lien rights to recover the state's claim for aid paid, and to limit such lien to fifty per cent of the amount of money or property received by the beneficiary that the state is making a claim to.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]