Connecticut 2019 Regular Session

Connecticut Senate Bill SB00801 Compare Versions

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7	7		General Assembly Raised Bill No. 801
8	8		January Session, 2019
9	9		LCO No. 3532
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11	11
12	12		Referred to Committee on VETERANS' AFFAIRS
13	13
14	14
15	15		Introduced by:
16	16		(VA)
17	17
18	18
19	19
20	20		AN ACT EXPANDING CER TAIN VETERANS' ACCES S TO PUBLIC
21	21		ASSISTANCE PROGRAMS.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 17b-28i of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective July 1, 2019, and 2
27	27		applicable to all applications for assistance filed on or after said date): 3
28	28		(a) To the extent permissible by federal law, the Commissioner of 4
29	29		Social Services shall disregard, when determining income eligibility for 5
30	30		the state's Medicare savings, medical assistance and energy assistance 6
31	31		programs administered under section 17b-2, all federal nonservice-7
32	32		connected pension benefits, including, but not limited to, the basic 8
33	33		pension, the Aid and Attendance [pension benefits] benefit and the 9
34	34		Housebound benefit, which pension benefits are granted to a veteran 10
35	35		or the surviving spouse of such veteran. [when determining income 11
36	36		eligibility for the state's Medicare savings, medical assistance and 12
37	37		energy assistance programs administered under section 17b-2.] As 13
38	38		used in this subsection, "veteran" means any person (1) honorably 14
39	39		discharged from, or released under honorable conditions from active 15
40	40		service in, the armed forces, as defined in section 27-103, or (2) with a 16 Raised Bill No. 801
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46	46
47	47		qualifying condition, as defined in said section, who has received a 17
48	48		discharge other than bad conduct or dishonorable from active service 18
49	49		in the armed forces. 19
50	50		(b) The Commissioner of Social Services may seek approval of an 20
51	51		amendment to the state Medicaid plan or a waiver from federal law, if 21
52	52		necessary, to exempt such benefits from income eligibility criteria as 22
53	53		unreimbursed medical expenses. 23
54	54		Sec. 2. Subsection (c) of section 17b-191 of the general statutes is 24
55	55		repealed and the following is substituted in lieu thereof (Effective July 25
56	56		1, 2019, and applicable to all applications for assistance filed on or after said 26
57	57		date): 27
58	58		(c) To be eligible for cash assistance under the program, a person 28
59	59		shall (1) be (A) eighteen years of age or older; (B) a minor found by a 29
60	60		court to be emancipated pursuant to section 46b-150; or (C) under 30
61	61		eighteen years of age and the commissioner determines good cause for 31
62	62		such person's eligibility, and (2) not have assets exceeding two 32
63	63		hundred fifty dollars or, if such person is married, such person and his 33
64	64		or her spouse shall not have assets exceeding five hundred dollars. In 34
65	65		determining eligibility, the commissioner shall not consider as income 35
66	66		any federal nonservice-connected pension benefits, including, but not 36
67	67		limited to, the basic pension, the Aid and Attendance [pension 37
68	68		benefits] benefit and the Housebound benefit, which pension benefits 38
69	69		are granted to a veteran, as defined in section 27-103, or the surviving 39
70	70		spouse of such veteran. No person who is a substance abuser and 40
71	71		refuses or fails to enter available, appropriate treatment shall be 41
72	72		eligible for cash assistance under the program until such person enters 42
73	73		treatment. No person whose benefits from the temporary family 43
74	74		assistance program have terminated as a result of time-limited benefits 44
75	75		or for failure to comply with a program requirement shall be eligible 45
76	76		for cash assistance under the program. 46
77	77		Sec. 3. Section 17b-256f of the general statutes is repealed and the 47
78	78		following is substituted in lieu thereof (Effective July 1, 2019, and 48 Raised Bill No. 801
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85	85		applicable to all applications for assistance filed on or after said date): 49
86	86		The Commissioner of Social Services shall increase income 50
87	87		disregards used to determine eligibility by the Department of Social 51
88	88		Services for the federal Qualified Medicare Beneficiary, the Specified 52
89	89		Low-Income Medicare Beneficiary and the Qualifying Individual 53
90	90		programs, administered in accordance with the provisions of 42 USC 54
91	91		1396d(p), by such amounts that shall result in persons with income 55
92	92		that is (1) less than two hundred eleven per cent of the federal poverty 56
93	93		level qualifying for the Qualified Medicare Beneficiary program, (2) at 57
94	94		or above two hundred eleven per cent of the federal poverty level but 58
95	95		less than two hundred thirty-one per cent of the federal poverty level 59
96	96		qualifying for the Specified Low-Income Medicare Beneficiary 60
97	97		program, and (3) at or above two hundred thirty-one per cent of the 61
98	98		federal poverty level but less than two hundred forty-six per cent of 62
99	99		the federal poverty level qualifying for the Qualifying Individual 63
100	100		program. The commissioner shall not apply an asset test for eligibility 64
101	101		under the Medicare Savings Program. The commissioner shall not 65
102	102		consider as income any federal nonservice-connected pension benefits, 66
103	103		including, but not limited to, the basic pension, the Aid and 67
104	104		Attendance [pension benefits] benefit and the Housebound benefit, 68
105	105		which pension benefits are granted to a veteran, as defined in section 69
106	106		27-103, or the surviving spouse of such veteran. The Commissioner of 70
107	107		Social Services, pursuant to section 17b-10, may implement policies 71
108	108		and procedures to administer the provisions of this section while in the 72
109	109		process of adopting such policies and procedures in regulation form, 73
110	110		provided the commissioner prints notice of the intent to adopt the 74
111	111		regulations on the department's Internet web site and the eRegulations 75
112	112		System not later than twenty days after the date of implementation. 76
113	113		Such policies and procedures shall be valid until the time final 77
114	114		regulations are adopted. 78
115	115		Sec. 4. Subsection (a) of section 17b-261 of the general statutes is 79
116	116		repealed and the following is substituted in lieu thereof (Effective July 80
117	117		1, 2019, and applicable to all applications for assistance filed on or after said 81 Raised Bill No. 801
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122	122		4 of 8
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124	124		date): 82
125	125		(a) Medical assistance shall be provided for any otherwise eligible 83
126	126		person whose income, including any available support from legally 84
127	127		liable relatives and the income of the person's spouse or dependent 85
128	128		child, is not more than one hundred forty-three per cent, pending 86
129	129		approval of a federal waiver applied for pursuant to subsection (e) of 87
130	130		this section, of the benefit amount paid to a person with no income 88
131	131		under the temporary family assistance program in the appropriate 89
132	132		region of residence and if such person is an institutionalized 90
133	133		individual as defined in Section 1917 of the Social Security Act, 42 USC 91
134	134		1396p(h)(3), and has not made an assignment or transfer or other 92
135	135		disposition of property for less than fair market value for the purpose 93
136	136		of establishing eligibility for benefits or assistance under this section. 94
137	137		Any such disposition shall be treated in accordance with Section 95
138	138		1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of 96
139	139		property made on behalf of an applicant or recipient or the spouse of 97
140	140		an applicant or recipient by a guardian, conservator, person 98
141	141		authorized to make such disposition pursuant to a power of attorney 99
142	142		or other person so authorized by law shall be attributed to such 100
143	143		applicant, recipient or spouse. A disposition of property ordered by a 101
144	144		court shall be evaluated in accordance with the standards applied to 102
145	145		any other such disposition for the purpose of determining eligibility. 103
146	146		The commissioner shall establish the standards for eligibility for 104
147	147		medical assistance at one hundred forty-three per cent of the benefit 105
148	148		amount paid to a household of equal size with no income under the 106
149	149		temporary family assistance program in the appropriate region of 107
150	150		residence. In determining eligibility, the commissioner shall not 108
151	151		consider as income any federal nonservice-connected pension benefits, 109
152	152		including, but not limited to, the basic pension, the Aid and 110
153	153		Attendance [pension benefits] benefit and the Housebound benefit, 111
154	154		which pension benefits are granted to a veteran, as defined in section 112
155	155		27-103, or the surviving spouse of such veteran. Except as provided in 113
156	156		section 17b-277 and section 17b-292, the medical assistance program 114
157	157		shall provide coverage to persons under the age of nineteen with 115 Raised Bill No. 801
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164	164		household income up to one hundred ninety-six per cent of the federal 116
165	165		poverty level without an asset limit and to persons under the age of 117
166	166		nineteen, who qualify for coverage under Section 1931 of the Social 118
167	167		Security Act, with household income not exceeding one hundred 119
168	168		ninety-six per cent of the federal poverty level without an asset limit, 120
169	169		and their parents and needy caretaker relatives, who qualify for 121
170	170		coverage under Section 1931 of the Social Security Act, with household 122
171	171		income not exceeding one hundred fifty per cent of the federal poverty 123
172	172		level without an asset limit. Such levels shall be based on the regional 124
173	173		differences in such benefit amount, if applicable, unless such levels 125
174	174		based on regional differences are not in conformance with federal law. 126
175	175		Any income in excess of the applicable amounts shall be applied as 127
176	176		may be required by said federal law, and assistance shall be granted 128
177	177		for the balance of the cost of authorized medical assistance. The 129
178	178		Commissioner of Social Services shall provide applicants for assistance 130
179	179		under this section, at the time of application, with a written statement 131
180	180		advising them of (1) the effect of an assignment or transfer or other 132
181	181		disposition of property on eligibility for benefits or assistance, (2) the 133
182	182		effect that having income that exceeds the limits prescribed in this 134
183	183		subsection will have with respect to program eligibility, and (3) the 135
184	184		availability of, and eligibility for, services provided by the Nurturing 136
185	185		Families Network established pursuant to section 17b-751b. For 137
186	186		coverage dates on or after January 1, 2014, the department shall use the 138
187	187		modified adjusted gross income financial eligibility rules set forth in 139
188	188		Section 1902(e)(14) of the Social Security Act and the implementing 140
189	189		regulations to determine eligibility for HUSKY A, HUSKY B and 141
190	190		HUSKY D applicants, as defined in section 17b-290. Persons who are 142
191	191		determined ineligible for assistance pursuant to this section shall be 143
192	192		provided a written statement notifying such persons of their 144
193	193		ineligibility and advising such persons of their potential eligibility for 145
194	194		one of the other insurance affordability programs as defined in 42 CFR 146
195	195		435.4. 147
196	196		Sec. 5. Subsection (l) of section 17b-342 of the general statutes is 148
197	197		repealed and the following is substituted in lieu thereof (Effective July 149 Raised Bill No. 801
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204	204		1, 2019, and applicable to all applications for assistance filed on or after said 150
205	205		date): 151
206	206		(l) In determining eligibility for the program described in this 152
207	207		section, the commissioner shall not consider as income any federal 153
208	208		nonservice-connected pension benefits, including, but not limited to, 154
209	209		the basic pension, the Aid and Attendance [pension benefits] benefit 155
210	210		and the Housebound benefit, which pension benefits are granted to a 156
211	211		veteran, as defined in section 27-103, or the surviving spouse of such 157
212	212		veteran. 158
213	213		Sec. 6. Subsection (a) of section 17b-104 of the general statutes is 159
214	214		repealed and the following is substituted in lieu thereof (Effective July 160
215	215		1, 2019, and applicable to all applications for assistance filed on or after said 161
216	216		date): 162
217	217		(a) The Commissioner of Social Services shall administer the 163
218	218		program of state supplementation to the Supplemental Security 164
219	219		Income Program provided for by the Social Security Act and state law. 165
220	220		The commissioner may delegate any powers and authority to any 166
221	221		deputy, assistant, investigator or supervisor, who shall have, within 167
222	222		the scope of the power and authority so delegated, all of the power 168
223	223		and authority of the Commissioner of Social Services. The 169
224	224		commissioner shall establish a standard of need based on the cost of 170
225	225		living in this state for the temporary family assistance program and the 171
226	226		state-administered general assistance program. The commissioner 172
227	227		shall make a reinvestigation, at least every twelve months, of all cases 173
228	228		receiving aid from the state, except that such reinvestigation may be 174
229	229		conducted every twenty-four months for recipients of assistance to the 175
230	230		elderly or disabled with stable circumstances, and shall maintain all 176
231	231		case records of the several programs administered by the Department 177
232	232		of Social Services so that such records show, at all times, full 178
233	233		information with respect to eligibility of the applicant or recipient. In 179
234	234		the determination of need under any public assistance program, such 180
235	235		income or earnings shall be disregarded as federal law requires, and 181
236	236		such income or earnings may be disregarded as federal law permits. In 182 Raised Bill No. 801
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243	243		determining eligibility, the commissioner shall disregard from income 183
244	244		any federal nonservice-connected pension benefits, including, but not 184
245	245		limited to, the basic pension, the Aid and Attendance [pension 185
246	246		benefits] benefit and the Housebound benefit, which pension benefits 186
247	247		are granted to a veteran, as defined under section 27-103, or the 187
248	248		surviving spouse of such veteran. The commissioner shall encourage 188
249	249		and promulgate such incentive earning programs as are permitted by 189
250	250		federal law and regulations. 190
251	251		Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 191
252	252		repealed and the following is substituted in lieu thereof (Effective July 192
253	253		1, 2019, and applicable to all applications for assistance filed on or after said 193
254	254		date): 194
255	255		(a) The Commissioner of Social Services shall administer a state-195
256	256		appropriated fuel assistance program to provide, within available 196
257	257		appropriations, fuel assistance to elderly and disabled persons whose 197
258	258		household gross income is above the income eligibility guidelines for 198
259	259		the Connecticut energy assistance program but does not exceed two 199
260	260		hundred per cent of federal poverty guidelines. The income eligibility 200
261	261		guidelines for the state-appropriated fuel assistance program shall be 201
262	262		determined, annually, by the Commissioner of Social Services, in 202
263	263		conjunction with the Secretary of the Office of Policy and 203
264	264		Management. In determining eligibility, the commissioner shall not 204
265	265		consider as income any federal nonservice-connected pension benefits, 205
266	266		including, but not limited to, the basic pension, the Aid and 206
267	267		Attendance [pension benefits] benefit and the Housebound benefit, 207
268	268		which pension benefits are granted to a veteran, as defined under 208
269	269		section 27-103, or the surviving spouse of such veteran. The 209
270	270		commissioner may adopt regulations, in accordance with the 210
271	271		provisions of chapter 54, to implement the provisions of this 211
272	272		subsection.212
273	273		This act shall take effect as follows and shall amend the following
274	274		sections:
275	275		Raised Bill No. 801
276	276
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282	282		Section 1 July 1, 2019, and
283	283		applicable to all
284	284		applications for assistance
285	285		filed on or after said date
286	286		17b-28i
287	287		Sec. 2 July 1, 2019, and
288	288		applicable to all
289	289		applications for assistance
290	290		filed on or after said date
291	291		17b-191(c)
292	292		Sec. 3 July 1, 2019, and
293	293		applicable to all
294	294		applications for assistance
295	295		filed on or after said date
296	296		17b-256f
297	297		Sec. 4 July 1, 2019, and
298	298		applicable to all
299	299		applications for assistance
300	300		filed on or after said date
301	301		17b-261(a)
302	302		Sec. 5 July 1, 2019, and
303	303		applicable to all
304	304		applications for assistance
305	305		filed on or after said date
306	306		17b-342(l)
307	307		Sec. 6 July 1, 2019, and
308	308		applicable to all
309	309		applications for assistance
310	310		filed on or after said date
311	311		17b-104(a)
312	312		Sec. 7 July 1, 2019, and
313	313		applicable to all
314	314		applications for assistance
315	315		filed on or after said date
316	316		17b-801(a)
317	317
318	318		VA Joint Favorable
319		-	APP Joint Favorable
320	319