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