Connecticut 2019 Regular Session

Connecticut Senate Bill SB00818 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 3412 1 of 3
4	4
5	5	General Assembly Raised Bill No. 818
6	6	January Session, 2019
7	7	LCO No. 3412
8	8
9	9
10	10	Referred to Committee on HUMAN SERVICES
11	11
12	12
13	13	Introduced by:
14	14	(HS)
15	15
16	16
17	17
18	18
19	19	AN ACT ALLOWING FOR THE DEDUCTION OF COURT-APPROVED
20	20	CONSERVATOR AND FIDU CIARY EXPENSES FROM MEDICAID
21	21	APPLIED INCOME.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. (NEW) (Effective from passage) (a) On or before December 1
26	26	31, 2019, the Commissioner of Social Services shall amend the 2
27	27	Medicaid state plan provisions governing the calculation of applied 3
28	28	income, as defined in section 17b-261r of the general statutes, to permit 4
29	29	a qualified deduction pursuant to 42 USC 1396a(r)(1)(A)(ii) for the 5
30	30	following expenses related to representation of a Medicaid applicant or 6
31	31	recipient: (1) Compensation of a conservator in the amount approved 7
32	32	by the Probate Court; (2) Probate Court filing fees and expenses under 8
33	33	subdivision (6) of subsection (b) of section 45a-106a and sections 45a-9
34	34	108a and 45a-109 of the general statutes; (3) premiums for any probate 10
35	35	bond required by the Probate Court; and (4) any other fiduciary 11
36	36	expenses approved by the Probate Court, provided such deductions 12
37	37	are permissible under federal law. 13
38	38	(b) The provisions of this section shall be effective upon the 14 Raised Bill No. 818
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40	40
41	41
42	42	LCO No. 3412 2 of 3
43	43
44	44	commissioner receiving federal approval to amend the Medicaid state 15
45	45	plan pursuant to subsection (a) of this section and shall be applied to 16
46	46	conservator expenses incurred on or after October 1, 2019, or the 17
47	47	approval date of the Medicaid state plan amendment, whichever is 18
48	48	later. 19
49	49	(c) On or before December 31, 2020, and annually thereafter, the 20
50	50	Commissioner of Social Services shall calculate the total amount 21
51	51	deducted from applied income under subsection (a) of this section 22
52	52	during the preceding fiscal year and inform the Probate Court 23
53	53	Administrator, in writing, of the amount. Not later than thirty days 24
54	54	after receipt of the commissioner's calculation, the Probate Court 25
55	55	Administrator shall transfer funds from the Probate Court 26
56	56	Administration fund to the Department of Social Services equal to one-27
57	57	half of such amount for that year. 28
58	58	Sec. 2. (NEW) (Effective from passage) The baseline conservator 29
59	59	compensation to be deducted from applied income pursuant to 30
60	60	subsection (a) of section 1 of this act shall be one hundred twenty-five 31
61	61	dollars per month, provided the Commissioner of Social Services shall 32
62	62	approve fees above said amount if approved by the Probate Court at 33
63	63	the time Medicaid is granted to a conserved person and upon 34
64	64	redetermination of such conserved person's Medicaid eligibility. 35
65	65	Sec. 3. Subsection (d) of section 17b-261 of the general statutes is 36
66	66	repealed and the following is substituted in lieu thereof (Effective from 37
67	67	passage): 38
68	68	(d) The transfer of an asset in exchange for other valuable 39
69	69	consideration shall be allowable to the extent the value of the other 40
70	70	valuable consideration is equal to or greater than the value of the asset 41
71	71	transferred. The Commissioner of Social Services shall not treat any 42
72	72	Probate Court-approved conservator or fiduciary fee paid for services 43
73	73	rendered as an improper transfer of assets for the purpose of obtaining 44
74	74	Medicaid eligibility. 45 Raised Bill No. 818
75	75
76	76
77	77
78	78	LCO No. 3412 3 of 3
79	79
80	80	This act shall take effect as follows and shall amend the following
81	81	sections:
82	82
83	83	Section 1 from passage New section
84	84	Sec. 2 from passage New section
85	85	Sec. 3 from passage 17b-261(d)
86	86
87	87	Statement of Purpose:
88	88	To allow for the deduction of court-approved conservator and
89	89	fiduciary expenses from the amount of a Medicaid recipient's income
90	90	applied to the cost of his or her care.
91	91	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
92	92	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
93	93	not underlined.]
94	94