Connecticut 2019 Regular Session

Connecticut House Bill HB06172 Latest Draft

Bill / Comm Sub Version Filed 03/07/2019

                             
 
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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repealed and the following is substituted in lieu thereof (Effective July 2 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 
 
 
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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 
 
 
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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