LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06172-R01- HB.docx 1 of 3 General Assembly Substitute Bill No. 6172 January Session, 2019 AN ACT REDUCING PART ICIPANT COSTS AND EXPANDING ELIGIBILITY FOR THE CONNECTICUT HOME-CARE PROGRAM FOR THE ELDERLY. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (i) of section 17b-342 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 2 1, 2019): 3 (i) (1) [On and after July 1, 2015, the] The Commissioner of Social 4 Services shall, within available appropriations, administer a state-5 funded portion of the program for persons (A) who are sixty-five years 6 of age and older; (B) who are inappropriately institutionalized or at 7 risk of inappropriate institutionalization; (C) whose income is less than 8 or equal to the amount allowed under subdivision (3) of subsection (a) 9 of this section; and (D) whose assets, if single, do not exceed [one 10 hundred fifty per cent of the federal minimum community spouse 11 protected amount pursuant to 42 USC 1396r-5(f)(2) or, if married, the 12 couple's assets do not exceed two hundred per cent of said community 13 spouse protected amount] forty thousand dollars or, if a married couple, 14 sixty-five thousand dollars. For program applications received by the 15 Department of Social Services for the fiscal years ending June 30, 2016, 16 and June 30, 2017, only persons who require the level of care provided 17 in a nursing home shall be eligible for the state-funded portion of the 18 Substitute Bill No. 6172 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06172- R01-HB.docx } 2 of 3 program, except for persons residing in affordable housing under the 19 assisted living demonstration project established pursuant to section 20 17b-347e who are otherwise eligible in accordance with this section. 21 (2) Except for persons residing in affordable housing under the 22 assisted living demonstration project established pursuant to section 23 17b-347e, as provided in subdivision (3) of this subsection, any person 24 whose income is at or below two hundred per cent of the federal 25 poverty level and who is ineligible for Medicaid shall contribute [nine] 26 seven per cent of the cost of his or her care. Any person whose income 27 exceeds two hundred per cent of the federal poverty level shall 28 contribute [nine] seven per cent of the cost of his or her care in 29 addition to the amount of applied income determined in accordance 30 with the methodology established by the Department of Social Services 31 for recipients of medical assistance. Any person who does not 32 contribute to the cost of care in accordance with this subdivision shall 33 be ineligible to receive services under this subsection. Notwithstanding 34 any provision of sections 17b-60 and 17b-61, the department shall not 35 be required to provide an administrative hearing to a person found 36 ineligible for services under this [subsection] subdivision because of a 37 failure to contribute to the cost of care. 38 (3) Any person who resides in affordable housing under the assisted 39 living demonstration project established pursuant to section 17b-347e 40 and whose income is at or below two hundred per cent of the federal 41 poverty level, shall not be required to contribute to the cost of care. 42 Any person who resides in affordable housing under the assisted 43 living demonstration project established pursuant to section 17b-347e 44 and whose income exceeds two hundred per cent of the federal 45 poverty level, shall contribute to the applied income amount 46 determined in accordance with the methodology established by the 47 Department of Social Services for recipients of medical assistance. Any 48 person whose income exceeds two hundred per cent of the federal 49 poverty level and who does not contribute to the cost of care in 50 accordance with this subdivision shall be ineligible to receive services 51 Substitute Bill No. 6172 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06172- R01-HB.docx } 3 of 3 under this subsection. Notwithstanding any provision of sections 17b-52 60 and 17b-61, the department shall not be required to provide an 53 administrative hearing to a person found ineligible for services under 54 this [subsection] subdivision because of a failure to contribute to the 55 cost of care. 56 (4) The annualized cost of services provided to an individual under 57 the state-funded portion of the program shall not exceed fifty per cent 58 of the weighted average cost of care in nursing homes in the state, 59 except an individual who received services costing in excess of such 60 amount under the Department of Social Services in the fiscal year 61 ending June 30, 1992, may continue to receive such services, provided 62 the annualized cost of such services does not exceed eighty per cent of 63 the weighted average cost of such nursing home care. The 64 commissioner may allow the cost of services provided to an individual 65 to exceed the maximum cost established pursuant to this subdivision 66 in a case of extreme hardship, as determined by the commissioner, 67 provided in no case shall such cost exceed that of the weighted cost of 68 such nursing home care. 69 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2019 17b-342(i) Statement of Legislative Commissioners: In section 1(i)(1)(D), "if married" was changed to "if a married couple" for clarity. AGE Joint Favorable Subst. -LCO