Connecticut 2019 Regular Session

Connecticut Senate Bill SB00943 Compare Versions

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

Old	New	Differences
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2	2
3	3	LCO No. 4767 1 of 6
4	4
5	5	General Assembly Raised Bill No. 943
6	6	January Session, 2019
7	7	LCO No. 4767
8	8
9	9
10	10	Referred to Committee on HUMAN SERVICES
11	11
12	12
13	13	Introduced by:
14	14	(HS)
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17	17
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19	19	AN ACT CONCERNING ME DICAID TREATMENT OF AN
20	20	INACCESSIBLE ASSET.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 17b-261 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective July 1, 2019): 2
26	26	(a) Medical assistance shall be provided for any otherwise eligible 3
27	27	person whose income, including any available support from legally 4
28	28	liable relatives and the income of the person's spouse or dependent 5
29	29	child, is not more than one hundred forty-three per cent, pending 6
30	30	approval of a federal waiver applied for pursuant to subsection (e) of 7
31	31	this section, of the benefit amount paid to a person with no income 8
32	32	under the temporary family assistance program in the appropriate 9
33	33	region of residence and if such person is an institutionalized 10
34	34	individual as defined in Section 1917 of the Social Security Act, 42 USC 11
35	35	1396p(h)(3), and has not made an assignment or transfer or other 12
36	36	disposition of property for less than fair market value for the purpose 13
37	37	of establishing eligibility for benefits or assistance under this section. 14
38	38	Any such disposition shall be treated in accordance with Section 15 Raised Bill No. 943
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40	40
41	41
42	42	LCO No. 4767 2 of 6
43	43
44	44	1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of 16
45	45	property made on behalf of an applicant or recipient or the spouse of 17
46	46	an applicant or recipient by a guardian, conservator, person 18
47	47	authorized to make such disposition pursuant to a power of attorney 19
48	48	or other person so authorized by law shall be attributed to such 20
49	49	applicant, recipient or spouse. A disposition of property ordered by a 21
50	50	court shall be evaluated in accordance with the standards applied to 22
51	51	any other such disposition for the purpose of determining eligibility. 23
52	52	The commissioner shall establish the standards for eligibility for 24
53	53	medical assistance at one hundred forty-three per cent of the benefit 25
54	54	amount paid to a household of equal size with no income under the 26
55	55	temporary family assistance program in the appropriate region of 27
56	56	residence. In determining eligibility, the commissioner shall not 28
57	57	consider as income Aid and Attendance pension benefits granted to a 29
58	58	veteran, as defined in section 27-103, or the surviving spouse of such 30
59	59	veteran. Except as provided in section 17b-277 and section 17b-292, the 31
60	60	medical assistance program shall provide coverage to persons under 32
61	61	the age of nineteen with household income up to one hundred ninety-33
62	62	six per cent of the federal poverty level without an asset limit and to 34
63	63	persons under the age of nineteen, who qualify for coverage under 35
64	64	Section 1931 of the Social Security Act, with household income not 36
65	65	exceeding one hundred ninety-six per cent of the federal poverty level 37
66	66	without an asset limit, and their parents and needy caretaker relatives, 38
67	67	who qualify for coverage under Section 1931 of the Social Security Act, 39
68	68	with household income not exceeding one hundred fifty per cent of the 40
69	69	federal poverty level without an asset limit. Such levels shall be based 41
70	70	on the regional differences in such benefit amount, if applicable, unless 42
71	71	such levels based on regional differences are not in conformance with 43
72	72	federal law. Any income in excess of the applicable amounts shall be 44
73	73	applied as may be required by said federal law, and assistance shall be 45
74	74	granted for the balance of the cost of authorized medical assistance. 46
75	75	The Commissioner of Social Services shall provide applicants for 47
76	76	assistance under this section, at the time of application, with a written 48
77	77	statement advising them of (1) the effect of an assignment or transfer 49
78	78	or other disposition of property on eligibility for benefits or assistance, 50 Raised Bill No. 943
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80	80
81	81
82	82	LCO No. 4767 3 of 6
83	83
84	84	(2) the effect that having income that exceeds the limits prescribed in 51
85	85	this subsection will have with respect to program eligibility, and (3) 52
86	86	the availability of, and eligibility for, services provided by the 53
87	87	Nurturing Families Network established pursuant to section 17b-751b. 54
88	88	For coverage dates on or after January 1, 2014, the department shall 55
89	89	use the modified adjusted gross income financial eligibility rules set 56
90	90	forth in Section 1902(e)(14) of the Social Security Act and the 57
91	91	implementing regulations to determine eligibility for HUSKY A, 58
92	92	HUSKY B and HUSKY D applicants, as defined in section 17b-290. 59
93	93	Persons who are determined ineligible for assistance pursuant to this 60
94	94	section shall be provided a written statement notifying such persons of 61
95	95	their ineligibility and advising such persons of their potential 62
96	96	eligibility for one of the other insurance affordability programs as 63
97	97	defined in 42 CFR 435.4. 64
98	98	(b) For the purposes of the Medicaid program, the Commissioner of 65
99	99	Social Services shall consider parental income and resources as 66
100	100	available to a child under eighteen years of age who is living with his 67
101	101	or her parents and is blind or disabled for purposes of the Medicaid 68
102	102	program, or to any other child under twenty-one years of age who is 69
103	103	living with his or her parents. 70
104	104	(c) For the purposes of determining eligibility for the Medicaid 71
105	105	program, an available asset is one that is actually available to the 72
106	106	applicant or one that the applicant has the legal right, authority or 73
107	107	power to obtain or to have applied for the applicant's general or 74
108	108	medical support. If the terms of a trust provide for the support of an 75
109	109	applicant, the refusal of a trustee to make a distribution from the trust 76
110	110	does not render the trust an unavailable asset. Notwithstanding the 77
111	111	provisions of this subsection, the availability of funds in a trust or 78
112	112	similar instrument funded in whole or in part by the applicant or the 79
113	113	applicant's spouse shall be determined pursuant to the Omnibus 80
114	114	Budget Reconciliation Act of 1993, 42 USC 1396p. The provisions of 81
115	115	this subsection shall not apply to a special needs trust, as defined in 42 82
116	116	USC 1396p(d)(4)(A), as amended from time to time. For purposes of 83
117	117	determining whether a beneficiary under a special needs trust, who 84 Raised Bill No. 943
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119	119
120	120
121	121	LCO No. 4767 4 of 6
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123	123	has not received a disability determination from the Social Security 85
124	124	Administration, is disabled, as defined in 42 USC 1382c(a)(3), the 86
125	125	Commissioner of Social Services, or the commissioner's designee, shall 87
126	126	independently make such determination. The commissioner shall not 88
127	127	require such beneficiary to apply for Social Security disability benefits 89
128	128	or obtain a disability determination from the Social Security 90
129	129	Administration for purposes of determining whether the beneficiary is 91
130	130	disabled. 92
131	131	(d) The transfer of an asset in exchange for other valuable 93
132	132	consideration shall be allowable to the extent the value of the other 94
133	133	valuable consideration is equal to or greater than the value of the asset 95
134	134	transferred. 96
135	135	(e) The Commissioner of Social Services shall seek a waiver from 97
136	136	federal law to permit federal financial participation for Medicaid 98
137	137	expenditures for families with incomes of one hundred forty-three per 99
138	138	cent of the temporary family assistance program payment standard. 100
139	139	(f) To the extent [permitted by] permissible under federal law, 101
140	140	Medicaid eligibility shall be extended for one year to a family that 102
141	141	becomes ineligible for medical assistance under Section 1931 of the 103
142	142	Social Security Act due to income from employment by one of its 104
143	143	members who is a caretaker relative or due to receipt of child support 105
144	144	income. A family receiving extended benefits on July 1, 2005, shall 106
145	145	receive the balance of such extended benefits, provided no such family 107
146	146	shall receive more than twelve additional months of such benefits. 108
147	147	(g) An institutionalized spouse applying for Medicaid and having a 109
148	148	spouse living in the community shall be required, to the maximum 110
149	149	extent permitted by law, to divert income to such community spouse 111
150	150	in order to raise the community spouse's income to the level of the 112
151	151	minimum monthly needs allowance, as described in Section 1924 of 113
152	152	the Social Security Act. Such diversion of income shall occur before the 114
153	153	community spouse is allowed to retain assets in excess of the 115
154	154	community spouse protected amount described in Section 1924 of the 116 Raised Bill No. 943
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157	157
158	158	LCO No. 4767 5 of 6
159	159
160	160	Social Security Act. The Commissioner of Social Services, pursuant to 117
161	161	section 17b-10, may implement the provisions of this subsection while 118
162	162	in the process of adopting regulations, provided the commissioner 119
163	163	[prints] publishes notice of intent to adopt the regulations [in the 120
164	164	Connecticut Law Journal within twenty days of] on the eRegulations 121
165	165	System prior to adopting such policy. Such policy shall be valid until 122
166	166	the time final regulations are effective. 123
167	167	(h) To the extent permissible under federal law, an institutionalized 124
168	168	individual, as defined in Section 1917 of the Social Security Act, 42 125
169	169	USC 1396p(h)(3), shall not be determined ineligible for Medicaid solely 126
170	170	on the basis of the cash value of a life insurance policy worth less than 127
171	171	ten thousand dollars provided the individual is pursuing the 128
172	172	surrender of the policy. 129
173	173	(i) To the extent permissible under federal law, an individual who 130
174	174	has applied for Medicaid and otherwise qualifies for Medicaid shall 131
175	175	not be determined ineligible on the basis of a single, unliquidated 132
176	176	asset, provided such individual presents evidence acceptable to the 133
177	177	Commissioner of Social Services that such asset is inaccessible to the 134
178	178	individual because it is not possible to liquidate the asset in fewer than 135
179	179	thirty days. 136
180	180	[(i)] (j) Medical assistance shall be provided, in accordance with the 137
181	181	provisions of subsection (e) of section 17a-6, to any child under the 138
182	182	supervision of the Commissioner of Children and Families who is not 139
183	183	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 140
184	184	or is otherwise ineligible for such benefits. Medical assistance shall also 141
185	185	be provided to any child in the behavioral services program operated 142
186	186	by the Department of Developmental Services who is not receiving 143
187	187	Medicaid benefits, has not yet qualified for Medicaid benefits or is 144
188	188	otherwise ineligible for benefits. To the extent practicable, the 145
189	189	Commissioner of Children and Families and the Commissioner of 146
190	190	Developmental Services shall apply for, or assist such child in 147
191	191	qualifying for, the Medicaid program. 148 Raised Bill No. 943
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194	194
195	195	LCO No. 4767 6 of 6
196	196
197	197	[(j)] (k) The Commissioner of Social Services shall provide Early and 149
198	198	Periodic Screening, Diagnostic and Treatment program services, as 150
199	199	required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 151
200	200	42 USC 1396d(r) and 42 USC 1396d(a)(4)(B) and applicable federal 152
201	201	regulations, to all persons who are under the age of twenty-one and 153
202	202	otherwise eligible for medical assistance under this section. 154
203	203	[(k)] (l) A veteran, as defined in section 27-103, and any member of 155
204	204	his or her family, who applies for or receives assistance under the 156
205	205	Medicaid program, shall apply for all benefits for which he or she may 157
206	206	be eligible through the United States Department of Veterans Affairs 158
207	207	or the United States Department of Defense. 159
208	208	This act shall take effect as follows and shall amend the following
209	209	sections:
210	210
211	211	Section 1 July 1, 2019 17b-261
212	212
213	213	Statement of Purpose:
214	214	To allow a person to become eligible for Medicaid if he or she
215	215	otherwise qualifies but for one inaccessible asset that cannot be
216	216	liquidated in fewer than thirty days.
217	217	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
218	218	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
219	219	not underlined.]
220	220