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General Assembly Raised Bill No. 801
January Session, 2019
LCO No. 3532
Referred to Committee on VETERANS' AFFAIRS
Introduced by:
(VA)
AN ACT EXPANDING CER TAIN VETERANS' ACCESS TO PUBLIC
ASSISTANCE PROGRAMS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17b-28i of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019, and 2
applicable to all applications for assistance filed on or after said date): 3
(a) To the extent permissible by federal law, the Commissioner of 4
Social Services shall disregard, when determining income eligibility for 5
the state's Medicare savings, medical assistance and energy assistance 6
programs administered under section 17b-2, all federal nonservice-7
connected pension benefits, including, but not limited to, the basic 8
pension, the Aid and Attendance [pension benefits] benefit and the 9
Housebound benefit, which pension benefits are granted to a veteran 10
or the surviving spouse of such veteran. [when determining income 11
eligibility for the state's Medicare savings, medical assistance and 12
energy assistance programs administered under section 17b-2.] As 13
used in this subsection, "veteran" means any person (1) honorably 14
discharged from, or released under honorable conditions from active 15 Raised Bill No. 801
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service in, the armed forces, as defined in section 27-103, or (2) with a 16
qualifying condition, as defined in said section, who has received a 17
discharge other than bad conduct or dishonorable from active service 18
in the armed forces. 19
(b) The Commissioner of Social Services may seek approval of an 20
amendment to the state Medicaid plan or a waiver from federal law, if 21
necessary, to exempt such benefits from income eligibility criteria as 22
unreimbursed medical expenses. 23
Sec. 2. Subsection (c) of section 17b-191 of the general statutes is 24
repealed and the following is substituted in lieu thereof (Effective July 25
1, 2019, and applicable to all applications for assistance filed on or after said 26
date): 27
(c) To be eligible for cash assistance under the program, a person 28
shall (1) be (A) eighteen years of age or older; (B) a minor found by a 29
court to be emancipated pursuant to section 46b-150; or (C) under 30
eighteen years of age and the commissioner determines good cause for 31
such person's eligibility, and (2) not have assets exceeding two 32
hundred fifty dollars or, if such person is married, such person and his 33
or her spouse shall not have assets exceeding five hundred dollars. In 34
determining eligibility, the commissioner shall not consider as income 35
any federal nonservice-connected pension benefits, including, but not 36
limited to, the basic pension, the Aid and Attendance [pension 37
benefits] benefit and the Housebound benefit, which pension benefits 38
are granted to a veteran, as defined in section 27-103, or the surviving 39
spouse of such veteran. No person who is a substance abuser and 40
refuses or fails to enter available, appropriate treatment shall be 41
eligible for cash assistance under the program until such person enters 42
treatment. No person whose benefits from the temporary family 43
assistance program have terminated as a result of time-limited benefits 44
or for failure to comply with a program requirement shall be eligible 45
for cash assistance under the program. 46
Sec. 3. Section 17b-256f of the general statutes is repealed and the 47
following is substituted in lieu thereof (Effective July 1, 2019, and 48 Raised Bill No. 801
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applicable to all applications for assistance filed on or after said date): 49
The Commissioner of Social Services shall increase income 50
disregards used to determine eligibility by the Department of Social 51
Services for the federal Qualified Medicare Beneficiary, the Specified 52
Low-Income Medicare Beneficiary and the Qualifying Individual 53
programs, administered in accordance with the provisions of 42 USC 54
1396d(p), by such amounts that shall result in persons with income 55
that is (1) less than two hundred eleven per cent of the federal poverty 56
level qualifying for the Qualified Medicare Beneficiary program, (2) at 57
or above two hundred eleven per cent of the federal poverty level but 58
less than two hundred thirty-one per cent of the federal poverty level 59
qualifying for the Specified Low-Income Medicare Beneficiary 60
program, and (3) at or above two hundred thirty-one per cent of the 61
federal poverty level but less than two hundred forty-six per cent of 62
the federal poverty level qualifying for the Qualifying Individual 63
program. The commissioner shall not apply an asset test for eligibility 64
under the Medicare Savings Program. The commissioner shall not 65
consider as income any federal nonservice-connected pension benefits, 66
including, but not limited to, the basic pension, the Aid and 67
Attendance [pension benefits] benefit and the Housebound benefit, 68
which pension benefits are granted to a veteran, as defined in section 69
27-103, or the surviving spouse of such veteran. The Commissioner of 70
Social Services, pursuant to section 17b-10, may implement policies 71
and procedures to administer the provisions of this section while in the 72
process of adopting such policies and procedures in regulation form, 73
provided the commissioner prints notice of the intent to adopt the 74
regulations on the department's Internet web site and the eRegulations 75
System not later than twenty days after the date of implementation. 76
Such policies and procedures shall be valid until the time final 77
regulations are adopted. 78
Sec. 4. Subsection (a) of section 17b-261 of the general statutes is 79
repealed and the following is substituted in lieu thereof (Effective July 80
1, 2019, and applicable to all applications for assistance filed on or after said 81
date): 82 Raised Bill No. 801
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(a) Medical assistance shall be provided for any otherwise eligible 83
person whose income, including any available support from legally 84
liable relatives and the income of the person's spouse or dependent 85
child, is not more than one hundred forty-three per cent, pending 86
approval of a federal waiver applied for pursuant to subsection (e) of 87
this section, of the benefit amount paid to a person with no income 88
under the temporary family assistance program in the appropriate 89
region of residence and if such person is an institutionalized 90
individual as defined in Section 1917 of the Social Security Act, 42 USC 91
1396p(h)(3), and has not made an assignment or transfer or other 92
disposition of property for less than fair market value for the purpose 93
of establishing eligibility for benefits or assistance under this section. 94
Any such disposition shall be treated in accordance with Section 95
1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of 96
property made on behalf of an applicant or recipient or the spouse of 97
an applicant or recipient by a guardian, conservator, person 98
authorized to make such disposition pursuant to a power of attorney 99
or other person so authorized by law shall be attributed to such 100
applicant, recipient or spouse. A disposition of property ordered by a 101
court shall be evaluated in accordance with the standards applied to 102
any other such disposition for the purpose of determining eligibility. 103
The commissioner shall establish the standards for eligibility for 104
medical assistance at one hundred forty-three per cent of the benefit 105
amount paid to a household of equal size with no income under the 106
temporary family assistance program in the appropriate region of 107
residence. In determining eligibility, the commissioner shall not 108
consider as income any federal nonservice-connected pension benefits, 109
including, but not limited to, the basic pension, the Aid and 110
Attendance [pension benefits] benefit and the Housebound benefit, 111
which pension benefits are granted to a veteran, as defined in section 112
27-103, or the surviving spouse of such veteran. Except as provided in 113
section 17b-277 and section 17b-292, the medical assistance program 114
shall provide coverage to persons under the age of nineteen with 115
household income up to one hundred ninety-six per cent of the federal 116
poverty level without an asset limit and to persons under the age of 117 Raised Bill No. 801
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nineteen, who qualify for coverage under Section 1931 of the Social 118
Security Act, with household income not exceeding one hundred 119
ninety-six per cent of the federal poverty level without an asset limit, 120
and their parents and needy caretaker relatives, who qualify for 121
coverage under Section 1931 of the Social Security Act, with household 122
income not exceeding one hundred fifty per cent of the federal poverty 123
level without an asset limit. Such levels shall be based on the regional 124
differences in such benefit amount, if applicable, unless such levels 125
based on regional differences are not in conformance with federal law. 126
Any income in excess of the applicable amounts shall be applied as 127
may be required by said federal law, and assistance shall be granted 128
for the balance of the cost of authorized medical assistance. The 129
Commissioner of Social Services shall provide applicants for assistance 130
under this section, at the time of application, with a written statement 131
advising them of (1) the effect of an assignment or transfer or other 132
disposition of property on eligibility for benefits or assistance, (2) the 133
effect that having income that exceeds the limits prescribed in this 134
subsection will have with respect to program eligibility, and (3) the 135
availability of, and eligibility for, services provided by the Nurturing 136
Families Network established pursuant to section 17b-751b. For 137
coverage dates on or after January 1, 2014, the department shall use the 138
modified adjusted gross income financial eligibility rules set forth in 139
Section 1902(e)(14) of the Social Security Act and the implementing 140
regulations to determine eligibility for HUSKY A, HUSKY B and 141
HUSKY D applicants, as defined in section 17b-290. Persons who are 142
determined ineligible for assistance pursuant to this section shall be 143
provided a written statement notifying such persons of their 144
ineligibility and advising such persons of their potential eligibility for 145
one of the other insurance affordability programs as defined in 42 CFR 146
435.4. 147
Sec. 5. Subsection (l) of section 17b-342 of the general statutes is 148
repealed and the following is substituted in lieu thereof (Effective July 149
1, 2019, and applicable to all applications for assistance filed on or after said 150
date): 151 Raised Bill No. 801
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(l) In determining eligibility for the program described in this 152
section, the commissioner shall not consider as income any federal 153
nonservice-connected pension benefits, including, but not limited to, 154
the basic pension, the Aid and Attendance [pension benefits] benefit 155
and the Housebound benefit, which pension benefits are granted to a 156
veteran, as defined in section 27-103, or the surviving spouse of such 157
veteran. 158
Sec. 6. Subsection (a) of section 17b-104 of the general statutes is 159
repealed and the following is substituted in lieu thereof (Effective July 160
1, 2019, and applicable to all applications for assistance filed on or after said 161
date): 162
(a) The Commissioner of Social Services shall administer the 163
program of state supplementation to the Supplemental Security 164
Income Program provided for by the Social Security Act and state law. 165
The commissioner may delegate any powers and authority to any 166
deputy, assistant, investigator or supervisor, who shall have, within 167
the scope of the power and authority so delegated, all of the power 168
and authority of the Commissioner of Social Services. The 169
commissioner shall establish a standard of need based on the cost of 170
living in this state for the temporary family assistance program and the 171
state-administered general assistance program. The commissioner 172
shall make a reinvestigation, at least every twelve months, of all cases 173
receiving aid from the state, except that such reinvestigation may be 174
conducted every twenty-four months for recipients of assistance to the 175
elderly or disabled with stable circumstances, and shall maintain all 176
case records of the several programs administered by the Department 177
of Social Services so that such records show, at all times, full 178
information with respect to eligibility of the applicant or recipient. In 179
the determination of need under any public assistance program, such 180
income or earnings shall be disregarded as federal law requires, and 181
such income or earnings may be disregarded as federal law permits. In 182
determining eligibility, the commissioner shall disregard from income 183
any federal nonservice-connected pension benefits, including, but not 184
limited to, the basic pension, the Aid and Attendance [pension 185 Raised Bill No. 801
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benefits] benefit and the Housebound benefit, which pension benefits 186
are granted to a veteran, as defined under section 27-103, or the 187
surviving spouse of such veteran. The commissioner shall encourage 188
and promulgate such incentive earning programs as are permitted by 189
federal law and regulations. 190
Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 191
repealed and the following is substituted in lieu thereof (Effective July 192
1, 2019, and applicable to all applications for assistance filed on or after said 193
date): 194
(a) The Commissioner of Social Services shall administer a state-195
appropriated fuel assistance program to provide, within available 196
appropriations, fuel assistance to elderly and disabled persons whose 197
household gross income is above the income eligibility guidelines for 198
the Connecticut energy assistance program but does not exceed two 199
hundred per cent of federal poverty guidelines. The income eligibility 200
guidelines for the state-appropriated fuel assistance program shall be 201
determined, annually, by the Commissioner of Social Services, in 202
conjunction with the Secretary of the Office of Policy and 203
Management. In determining eligibility, the commissioner shall not 204
consider as income any federal nonservice-connected pension benefits, 205
including, but not limited to, the basic pension, the Aid and 206
Attendance [pension benefits] benefit and the Housebound benefit, 207
which pension benefits are granted to a veteran, as defined under 208
section 27-103, or the surviving spouse of such veteran. The 209
commissioner may adopt regulations, in accordance with the 210
provisions of chapter 54, to implement the provisions of this 211
subsection.212
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-28i Raised Bill No. 801
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Sec. 2 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-191(c)
Sec. 3 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-256f
Sec. 4 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-261(a)
Sec. 5 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-342(l)
Sec. 6 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-104(a)
Sec. 7 July 1, 2019, and
applicable to all
applications for assistance
filed on or after said date
17b-801(a)
Statement of Purpose:
To require that pension benefits granted to certain veterans by the
United States Department of Veterans Affairs be disregarded when
determining income eligibility for certain state Medicaid programs.
[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.]