Connecticut 2020 Regular Session

Connecticut House Bill HB05310 Compare Versions

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

Old	New	Differences
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5	5	LCO No. 2090 1 of 14
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7	7	General Assembly Raised Bill No. 5310
8	8	February Session, 2020
9	9	LCO No. 2090
10	10
11	11
12	12	Referred to Committee on HUMAN SERVICES
13	13
14	14
15	15	Introduced by:
16	16	(HS)
17	17
18	18
19	19	AN ACT ELIMINATING STATE RECOVERY OF PUB LIC ASSISTANCE
20	20	EXCEPT AS REQUIRED U NDER FEDERAL LAW.
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 Section 4a-13 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective July 1, 2020): 2
26	26	For purposes of this section and section 4a-16, "cash assistance" 3
27	27	means payments made to a beneficiary of the aid to families with 4
28	28	dependent children program, the state-administered general assistance 5
29	29	program, the state supplement program or the temporary family 6
30	30	assistance program. The Commissioner of Administrative Services may 7
31	31	accept mortgage notes and mortgage deeds in payment of claims due 8
32	32	for [welfare assistance or] (1) institutional care in state humane 9
33	33	institutions, as defined in section 17b-222, or correctional institutions 10
34	34	administered by the Commissioner of Correction, and (2) cash 11
35	35	assistance and medical assistance the state is required to recover under 12
36	36	federal law, on such terms and conditions as the commissioner deems 13
37	37	proper and reasonable, and such encumbrances may be foreclosed in an 14
38	38	action brought in a court of competent jurisdiction by the commissioner 15
39	39	on behalf of the state. Any such encumbrance shall be released by the 16
40	40	commissioner upon payment of the amount by it secured. 17 Raised Bill No. 5310
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42	42
43	43
44	44	LCO No. 2090 2 of 14
45	45
46	46	Sec. 2. Section 4a-16 of the general statutes is repealed and the 18
47	47	following is substituted in lieu thereof (Effective July 1, 2020): 19
48	48	When any person supported or cared for by the state (1) under a 20
49	49	program of public assistance, [or] (2) in an institution maintained by the 21
50	50	Department of Developmental Services or Department of Mental Health 22
51	51	and Addiction Services, [or] (3) when an inmate of the Department of 23
52	52	Correction, or [when any] (4) as a child committed to the Commissioner 24
53	53	of Social Services or Commissioner of Children and Families, dies 25
54	54	leaving only personal estate, including personal assets owing and due 26
55	55	the estate after death, not exceeding the aggregate value, as described in 27
56	56	section 45a-273, as amended by this act, the Commissioner of 28
57	57	Administrative Services or the commissioner's authorized 29
58	58	representative shall, upon filing with the probate court having 30
59	59	jurisdiction of such estate a certificate that the total estate is under the 31
60	60	aggregate value, as described in section 45a-273, as amended by this act, 32
61	61	and the claim of the state, together with the expense of last illness not 33
62	62	exceeding three hundred seventy-five dollars and funeral and burial 34
63	63	expenses in accordance with [section] sections 17b-84 and 17b-131, 35
64	64	equals or exceeds the amount of such estate, be issued a certificate by 36
65	65	said court that the commissioner is the legal representative of such 37
66	66	estate only for the following purpose. The commissioner shall have 38
67	67	authority to claim such estate, the commissioner's receipt for the same 39
68	68	to be a valid discharge of the liability of any person turning over the 40
69	69	same, and to settle the same by payment of the expense of last illness 41
70	70	not exceeding three hundred seventy-five dollars, expense of funeral 42
71	71	and burial in accordance with [section] sections 17b-84 and 17b-131 and 43
72	72	the remainder as partial or full reimbursement of the claim of the state 44
73	73	for (A) care [or assistance] rendered to the decedent as described in 45
74	74	subdivisions (2) to (4), inclusive, of this section, or (B) cash assistance or 46
75	75	medical assistance that the state is required to recover under federal law. 47
76	76	The commissioner shall file with said probate court a statement of the 48
77	77	settlement of such estate as herein provided. 49
78	78	Sec. 3. Subsection (b) of section 17b-77 of the general statutes is 50
79	79	repealed and the following is substituted in lieu thereof (Effective July 1, 51 Raised Bill No. 5310
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81	81
82	82
83	83	LCO No. 2090 3 of 14
84	84
85	85	2020): 52
86	86	(b) The Commissioner of Social Services shall notify each [applicant 53
87	87	for aid under the state supplement program, medical assistance 54
88	88	program, temporary family assistance program and state-administered 55
89	89	general assistance program of the provisions of sections 17b-93 to 17b-56
90	90	97, inclusive, in general terms, at the time of application for such aid. 57
91	91	The commissioner shall notify each] person who may be liable for 58
92	92	repayment of [such] aid under the state supplement program, medical 59
93	93	assistance program, temporary family assistance program or state-60
94	94	administered general assistance program, if known, of the provisions of 61
95	95	sections 17b-93 to 17b-97, inclusive, as amended by this act, in general 62
96	96	terms, not later than thirty days after the applicant for such aid is 63
97	97	determined to be eligible for such aid or, if not known at the time the 64
98	98	applicant is determined to be eligible for such aid, [the department shall 65
99	99	give such notice] not later than thirty days after the date on which the 66
100	100	commissioner identifies such person as one who may be liable for 67
101	101	repayment of such aid. The notice shall be (1) written in plain language, 68
102	102	(2) in an easily readable and understandable format, and (3) whenever 69
103	103	possible, in the first language of the [applicant or] person who may be 70
104	104	liable for repayment of such aid. 71
105	105	Sec. 4. Section 17b-79 of the general statutes is repealed and the 72
106	106	following is substituted in lieu thereof (Effective July 1, 2020): 73
107	107	(a) For purposes of this section, "cash assistance" means payments 74
108	108	made to a beneficiary of the state supplement program, the temporary 75
109	109	family assistance program or the state-administered general assistance 76
110	110	program. No person shall be deemed ineligible to receive an award 77
111	111	under the state supplement program, medical assistance program, 78
112	112	temporary family assistance program, state-administered general 79
113	113	assistance program or supplemental nutrition assistance program for 80
114	114	himself or herself or for any person for whose support he or she is liable 81
115	115	by reason of having an interest in real property, maintained as his or her 82
116	116	home, provided the equity in such property [shall] does not exceed the 83
117	117	limits established by the commissioner. The commissioner may place a 84 Raised Bill No. 5310
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119	119
120	120
121	121	LCO No. 2090 4 of 14
122	122
123	123	lien against any property to secure the claim of the state for all amounts 85
124	124	which it has paid or may thereafter pay [to such person or in such 86
125	125	person's behalf under any such program, or to or] (1) on behalf of any 87
126	126	person [for whose support he or she is liable] determined to be legally 88
127	127	liable pursuant to section 17b-81 for the support of any beneficiary 89
128	128	under any such program, (2) for any medical assistance the state is 90
129	129	required to recover under federal law, and (3) for any cash assistance 91
130	130	the state is required to recover under federal law, except for property 92
131	131	maintained as a home in aid to families of dependent children cases, in 93
132	132	which case such lien shall secure the state only for that portion of the 94
133	133	assistance grant awarded for amortization of a mortgage or other 95
134	134	encumbrance beginning with the fifth month after the original grant for 96
135	135	principal payment on any such encumbrance is made, and each 97
136	136	succeeding month of such grant thereafter. The claim of the state shall 98
137	137	be secured by filing a certificate in the land records of the town or towns 99
138	138	in which any such real estate is situated, describing such real estate. Any 100
139	139	such lien may, at any time during which the amount secured by such 101
140	140	lien remains unpaid, be foreclosed in an action brought in a court of 102
141	141	competent jurisdiction by the commissioner on behalf of the state. Any 103
142	142	real estate to which title has been taken by foreclosure under this section, 104
143	143	or which has been conveyed to the state in lieu of foreclosure, may be 105
144	144	sold, transferred or conveyed for the state by the commissioner with the 106
145	145	approval of the Attorney General, and the commissioner may, in the 107
146	146	name of the state, execute deeds for such purpose. Such lien shall be 108
147	147	released by the commissioner upon payment of the amount secured by 109
148	148	such lien, or an amount equal to the value of the beneficiary's interest in 110
149	149	such property if the value of such interest is less than the amount 111
150	150	secured by such lien, at the commissioner's discretion, and with the 112
151	151	advice and consent of the Attorney General, upon a compromise of the 113
152	152	amount due to the state. At the discretion of the commissioner, the 114
153	153	beneficiary, or, in the case of a husband and wife living together, the 115
154	154	survivor of them, as long as he or she lives, or a dependent child or 116
155	155	children, may be permitted to occupy such real property. 117
156	156	(b) On and after July 1, 2020, the state shall not recover from any 118 Raised Bill No. 5310
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158	158
159	159
160	160	LCO No. 2090 5 of 14
161	161
162	162	beneficiary or beneficiary's estate any cash assistance or medical 119
163	163	assistance provided by the state to or on behalf of such beneficiary, 120
164	164	unless the state is required to recover such assistance under federal law. 121
165	165	Any certificate or lien filed under this section by or on behalf of the state 122
166	166	prior to July 1, 2020, to secure the state's interest in real property for 123
167	167	recovery of such cash assistance or medical assistance shall be released 124
168	168	by the state if the recovery of such assistance is not required under 125
169	169	federal law. 126
170	170	Sec. 5. Section 17b-93 of the general statutes is repealed and the 127
171	171	following is substituted in lieu thereof (Effective July 1, 2020): 128
172	172	(a) [If a beneficiary of aid] For purposes of this section and sections 129
173	173	17b-94 and 17b-95, "cash assistance" means payments made to a 130
174	174	beneficiary under the state supplement program, [medical assistance 131
175	175	program,] aid to families with dependent children program, temporary 132
176	176	family assistance program or state-administered general assistance 133
177	177	program. If a beneficiary of cash assistance or medical assistance has or 134
178	178	acquires property of any kind or interest in any property, estate or claim 135
179	179	of any kind, except moneys received for the replacement of real or 136
180	180	personal property, the state of Connecticut shall have a claim for any 137
181	181	cash assistance or medical assistance provided by the state to or on 138
182	182	behalf of such beneficiary that the state is required to recover under 139
183	183	federal law, subject to subsections (b) and (c) of this section and the 140
184	184	provisions of section 17b-94, as amended by this act, which shall have 141
185	185	priority over all other unsecured claims and unrecorded encumbrances, 142
186	186	against such beneficiary. [for the full amount paid, subject to the 143
187	187	provisions of section 17b-94, to the beneficiary or on the beneficiary's 144
188	188	behalf under said programs; and, in addition thereto, the parents of an 145
189	189	aid to dependent children beneficiary, a state-administered general 146
190	190	assistance beneficiary or a temporary family assistance beneficiary shall 147
191	191	be liable to repay, subject to the provisions of section 17b-94, to the state 148
192	192	the full amount of any such aid paid to or on behalf of either parent, his 149
193	193	or her spouse, and his or her dependent child or children, as defined in 150
194	194	section 17b-75.] The state of Connecticut shall have a lien against 151
195	195	property of any kind or interest in any property, estate or claim of any 152 Raised Bill No. 5310
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197	197
198	198
199	199	LCO No. 2090 6 of 14
200	200
201	201	kind of the parents of an aid to dependent children, temporary family 153
202	202	assistance or state administered general assistance beneficiary, in 154
203	203	addition and not in substitution of [its] any other state claim, for 155
204	204	amounts owing under any order for support of any court or any family 156
205	205	support magistrate, including any arrearage under such order, 157
206	206	provided household goods and other personal property identified in 158
207	207	section 52-352b, real property pursuant to section 17b-79, as amended 159
208	208	by this act, as long as such property is used as a home for the beneficiary, 160
209	209	and money received for the replacement of real or personal property, 161
210	210	shall be exempt from such lien. 162
211	211	(b) Any person who received cash benefits under the aid to families 163
212	212	with dependent children program, the temporary family assistance 164
213	213	program or the state-administered general assistance program, when 165
214	214	such person was under eighteen years of age, shall not be liable to repay 166
215	215	the state for such assistance. 167
216	216	(c) No claim, except a claim required to be made under federal law, 168
217	217	shall be made, or lien applied, against any payment made pursuant to 169
218	218	chapter 135, any payment made pursuant to section 47-88d or 47-287, 170
219	219	any moneys received as a settlement or award in a housing or 171
220	220	employment or public accommodation discrimination case, any court-172
221	221	ordered retroactive rent abatement, including any made pursuant to 173
222	222	subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or 174
223	223	any security deposit refund pursuant to subsection (d) of section 47a-21 175
224	224	paid to a beneficiary of assistance under the state supplement program, 176
225	225	medical assistance program, aid to families with dependent children 177
226	226	program, temporary family assistance program or state-administered 178
227	227	general assistance program or paid to any person who has been 179
228	228	supported wholly, or in part, by the state, in accordance with section 180
229	229	17b-223, in a humane institution. 181
230	230	(d) Notwithstanding any provision of the general statutes, whenever 182
231	231	funds are collected pursuant to this section or section 17b-94, as 183
232	232	amended by this act, and the person who otherwise would have been 184
233	233	entitled to such funds is subject to a court-ordered current or arrearage 185 Raised Bill No. 5310
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235	235
236	236
237	237	LCO No. 2090 7 of 14
238	238
239	239	child support payment obligation in a IV-D support case, such funds 186
240	240	shall first be paid to the state for reimbursement of Medicaid funds 187
241	241	granted to such person for medical expenses incurred for injuries related 188
242	242	to a legal claim by such person which was the subject of the state's lien 189
243	243	and such funds shall then be paid to the Office of Child Support Services 190
244	244	for distribution pursuant to the federally mandated child support 191
245	245	distribution system implemented pursuant to subsection (j) of section 192
246	246	17b-179. The remainder, if any, shall be paid to the state for payment of 193
247	247	previously provided cash assistance or medical assistance [through the 194
248	248	state supplement program, medical assistance program, aid to families 195
249	249	with dependent children program, temporary family assistance 196
250	250	program or state-administered general assistance program] that the 197
251	251	state is required to recover under federal law. 198
252	252	(e) The Commissioner of Social Services shall adopt regulations, in 199
253	253	accordance with chapter 54, establishing criteria and procedures for 200
254	254	adjustment of the claim of the state of Connecticut against any parent 201
255	255	under subsection (a) of this section. The purpose of any such adjustment 202
256	256	shall be to encourage the positive involvement of noncustodial parents 203
257	257	in the lives of their children and to encourage noncustodial parents to 204
258	258	begin making regular support payments. 205
259	259	(f) On and after July 1, 2020, the Commissioner of Social Services shall 206
260	260	not recover from any beneficiary or beneficiary's estate any cash 207
261	261	assistance or medical assistance provided by the state to or on behalf of 208
262	262	such beneficiary, unless the state is required to recover such assistance 209
263	263	under federal law. Any claim or lien filed under this section prior to July 210
264	264	1, 2020, by or on behalf of the state to secure the state's interest in 211
265	265	recovery of such cash assistance or medical assistance shall be released 212
266	266	by the state if recovery of such assistance is not required under federal 213
267	267	law. 214
268	268	Sec. 6. Section 17b-94 of the general statutes is repealed and the 215
269	269	following is substituted in lieu thereof (Effective July 1, 2020): 216
270	270	(a) In the case of causes of action of beneficiaries of aid under the state 217 Raised Bill No. 5310
271	271
272	272
273	273
274	274	LCO No. 2090 8 of 14
275	275
276	276	supplement program, medical assistance program, aid to families with 218
277	277	dependent children program, temporary family assistance program or 219
278	278	state-administered general assistance program, subject to subsections 220
279	279	(b) and (c) of section 17b-93, as amended by this act, or of a parent [liable 221
280	280	to repay] whose support payments are subject to recovery by the state 222
281	281	under the provisions of section 17b-93, as amended by this act, the claim 223
282	282	of the state shall be a lien against the proceeds therefrom in the amount 224
283	283	of [the assistance paid or] (1) any cash assistance or medical assistance 225
284	284	the state is required to recover under federal law, or (2) any support 226
285	285	payment due from a parent pursuant to the provisions of section 17b-227
286	286	93, as amended by this act, provided the claim of the state under this 228
287	287	subdivision shall not exceed fifty per cent of the proceeds received by 229
288	288	such [beneficiary or such] parent after payment of all expenses 230
289	289	connected with the cause of action, whichever is less, for repayment 231
290	290	under section 17b-93, as amended by this act, and shall have priority 232
291	291	over all other claims except attorney's fees for said causes, expenses of 233
292	292	suit, costs of hospitalization connected with the cause of action by 234
293	293	whomever paid over and above hospital insurance or other such 235
294	294	benefits, and, for such period of hospitalization as was not paid for by 236
295	295	the state, physicians' fees for services during any such period as are 237
296	296	connected with the cause of action over and above medical insurance or 238
297	297	other such benefits; and such claim shall consist of the total assistance 239
298	298	repayment for which claim may be made under said programs. The 240
299	299	proceeds of such causes of action shall be assignable to the state for 241
300	300	payment of the amount due under section 17b-93, as amended by this 242
301	301	act, subject to the provisions of this subsection, irrespective of any other 243
302	302	provision of law. Upon presentation to the attorney for the beneficiary 244
303	303	of an assignment of such proceeds executed by the beneficiary or his 245
304	304	conservator or guardian, such assignment shall constitute an irrevocable 246
305	305	direction to the attorney to pay the Commissioner of Administrative 247
306	306	Services in accordance with its terms, except if, after settlement of the 248
307	307	cause of action or judgment thereon, th e Commissioner of 249
308	308	Administrative Services does not inform the attorney for the beneficiary 250
309	309	of the amount of lien which is to be paid to the Commissioner of 251
310	310	Administrative Services within forty-five days of receipt of the written 252 Raised Bill No. 5310
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312	312
313	313
314	314	LCO No. 2090 9 of 14
315	315
316	316	request of such attorney for such information, such attorney may 253
317	317	distribute such proceeds to such beneficiary and shall not be liable for 254
318	318	any loss the state may sustain thereby. 255
319	319	(b) In the case of an inheritance of an estate by a beneficiary of aid 256
320	320	under the state supplement program, medical assistance program, aid 257
321	321	to families with dependent children program, temporary family 258
322	322	assistance program or state-administered general assistance program, 259
323	323	subject to subsections (b) and (c) of section 17b-93, or by a parent [liable 260
324	324	to repay] whose support payments are subject to recovery by the state 261
325	325	under the provisions of section 17b-93, [fifty per cent of the assets of the 262
326	326	estate payable to the beneficiary or such parent or] as amended by this 263
327	327	act, the amount of such assets equal to the amount [of assistance paid, 264
328	328	whichever is less, shall be assignable to the state for payment of the 265
329	329	amount] due under section 17b-93, as amended by this act, shall be 266
330	330	assignable to the state, provided the amount assignable to the state by a 267
331	331	parent whose support payments are subject to recovery by the state 268
332	332	under the provisions of section 17b-93, as amended by this act, shall not 269
333	333	exceed fifty per cent of the assets of the estate payable to such parent. 270
334	334	The state shall have a lien against such assets in the applicable amount 271
335	335	specified in this subsection. The Court of Probate shall accept any such 272
336	336	assignment executed by the beneficiary or parent or any such lien notice 273
337	337	if such assignment or lien notice is filed by the Commissioner of 274
338	338	Administrative Services with the court prior to the distribution of such 275
339	339	inheritance, and to the extent of such inheritance not already 276
340	340	distributed, the court shall order distribution in accordance with such 277
341	341	assignment or lien notice. If the Commissioner of Administrative 278
342	342	Services receives any assets of an estate pursuant to any such 279
343	343	assignment, the commissioner shall be subject to the same duties and 280
344	344	liabilities concerning such assigned assets as the beneficiary or parent. 281
345	345	(c) On and after July 1, 2020, the state shall not recover from any 282
346	346	beneficiary or beneficiary's estate any cash assistance or medical 283
347	347	assistance provided by the state to or on behalf of such beneficiary, 284
348	348	unless the state is required to recover such assistance under federal law. 285
349	349	Any lien or other claim filed under this section by or on behalf of the 286 Raised Bill No. 5310
350	350
351	351
352	352
353	353	LCO No. 2090 10 of 14
354	354
355	355	state prior to July 1, 2020, to secure the state's interest in recovery of such 287
356	356	cash assistance or medical assistance shall be released by the state if the 288
357	357	recovery of such assistance is not required under federal law. 289
358	358	Sec. 7. Section 17b-95 of the general statutes is repealed and the 290
359	359	following is substituted in lieu thereof (Effective July 1, 2020): 291
360	360	(a) Subject to the provisions of subsection (b) of this section, upon the 292
361	361	death of a parent [of a child who has, at any time, been a beneficiary 293
362	362	under the program of aid to families with dependent children, the 294
363	363	temporary family assistance program or the state-administered general 295
364	364	assistance program, or upon the death of any person who has at any 296
365	365	time been a beneficiary of aid under the state supplement program, 297
366	366	medical assistance program, aid to families with dependent children 298
367	367	program, temporary family assistance program or state-administered 299
368	368	general assistance program] whose support payments are subject to 300
369	369	recovery by the state under the provisions of section 17b-93, as amended 301
370	370	by this act, or a cash assistance or medical assistance beneficiary from 302
371	371	whom the state is required to recover payments under federal law, 303
372	372	except as provided in subsection (b) of section 17b-93, as amended by 304
373	373	this act, the state shall have a claim against such parent's or [person's] 305
374	374	beneficiary's estate for all amounts [paid on behalf of each such child or 306
375	375	for the support of either parent or such child or such person under the 307
376	376	state supplement program, medical assistance program, aid to families 308
377	377	with dependent children program, temporary family assistance 309
378	378	program or state-administered general assistance program for which 310
379	379	the state has not been reimbursed] required to be recovered under the 311
380	380	provisions of federal law and sections 17b-93 and 17b-94, as amended 312
381	381	by this act, to the extent that the amount which the surviving spouse, 313
382	382	parent or dependent children of the decedent would otherwise take 314
383	383	from such estate is not needed for their support. Notwithstanding the 315
384	384	provisions of this subsection, effective for services provided on or after 316
385	385	January 1, 2014, no state claim pursuant to this section shall be made 317
386	386	against the estate of a recipient of medical assistance under the Medicaid 318
387	387	Coverage for the Lowest Income Populations program, established 319
388	388	pursuant to Section 1902(a)(10)(A)(i)(VIII) of the Social Security Act, as 320 Raised Bill No. 5310
389	389
390	390
391	391
392	392	LCO No. 2090 11 of 14
393	393
394	394	amended from time to time, except to the extent required by federal law. 321
395	395	(b) In the case of any person dying after October 1, 1959, the claim for 322
396	396	medical payments, even though such payments were made prior 323
397	397	thereto, shall be restricted to medical disbursements actually made for 324
398	398	care of such deceased beneficiary. 325
399	399	(c) Claims pursuant to this section shall have priority over all 326
400	400	unsecured claims against such estate, except (1) expenses of last sickness 327
401	401	not to exceed three hundred seventy-five dollars, (2) funeral and burial 328
402	402	expenses in accordance with [section] sections 17b-84 and 17b-131, and 329
403	403	(3) administrative expenses, including [probate fees and taxes, and] (A) 330
404	404	taxes, and (B) probate fees, including fiduciary fees not exceeding the 331
405	405	following commissions on the value of the whole estates accounted for 332
406	406	by such fiduciaries: On the first two thousand dollars or portion thereof, 333
407	407	five per cent; on the next eight thousand dollars or portion thereof, four 334
408	408	per cent; on the excess over ten thousand dollars, three per cent. Upon 335
409	409	petition by any fiduciary, the Probate Court, after a hearing thereon, 336
410	410	may authorize compensation in excess of the above schedule for 337
411	411	extraordinary services. Notice of any such petition and hearing shall be 338
412	412	given to the Commissioner of Administrative Services in Hartford at 339
413	413	least ten days in advance of such hearing. The allowable funeral and 340
414	414	burial payment [herein] as provided in this section shall be reduced by 341
415	415	the amount of any prepaid funeral arrangement. Any amount paid from 342
416	416	the estate under this section to any person which exceeds the limits 343
417	417	provided [herein] in this section shall be repaid to the estate by such 344
418	418	person, and such amount may be recovered in a civil action with interest 345
419	419	at six per cent from the date of demand. 346
420	420	(d) For purposes of this section, all sums due on or after July 1, 2003, 347
421	421	to any individual after the death of a [public] cash assistance or medical 348
422	422	assistance beneficiary from whom the state is required to recover 349
423	423	assistance under federal law or a parent whose support payments are 350
424	424	subject to recovery by the state under the provisions of section 17b-93, 351
425	425	as amended by this act, pursuant to the terms of an annuity contract 352
426	426	purchased at any time with assets of [a public assistance] such 353 Raised Bill No. 5310
427	427
428	428
429	429
430	430	LCO No. 2090 12 of 14
431	431
432	432	beneficiary or parent, shall be deemed to be part of the estate of the 354
433	433	deceased beneficiary or parent and shall be payable to the state by the 355
434	434	recipient of such annuity payments to the extent necessary [to achieve 356
435	435	full reimbursement of any public assistance benefits paid to, or on behalf 357
436	436	of, the deceased beneficiary] under federal law and the provisions of 358
437	437	section 17b-93, as amended by this act, irrespective of any provision of 359
438	438	law. The recipient of beneficiary payments from any such annuity 360
439	439	contract shall be solely liable to the state of Connecticut for 361
440	440	reimbursement of [public assistance] cash assistance and medical 362
441	441	assistance benefits paid to, or on behalf of, the deceased beneficiary that 363
442	442	the state is required to recover under federal law or amounts due from 364
443	443	such deceased parent to the extent of any payments received by such 365
444	444	recipient pursuant to the annuity contract. 366
445	445	(e) On and after July 1, 2020, the state shall not recover from any 367
446	446	beneficiary or beneficiary's estate any cash assistance or medical 368
447	447	assistance provided by the state to or on behalf of such beneficiary, 369
448	448	unless the state is required to recover such assistance under federal law. 370
449	449	Any lien or other claim filed by or on behalf of the state under this 371
450	450	section prior to July 1, 2020, to secure the state's interest in recovery of 372
451	451	such cash assistance or medical assistance shall be released by the state 373
452	452	if the recovery of such assistance is not required under federal law. 374
453	453	Sec. 8. Section 17b-224 of the general statutes is repealed and the 375
454	454	following is substituted in lieu thereof (Effective July 1, 2020): 376
455	455	A patient who is receiving or has received care in a state humane 377
456	456	institution, his estate or both shall be liable to reimburse the state for any 378
457	457	unpaid portion of per capita cost, [to the same extent as the liability of a 379
458	458	public assistance beneficiary under sections 17b-93 and 17b-95,] subject 380
459	459	to the same protection of a surviving spouse or dependent child as is 381
460	460	provided in section 17b-95, as amended by this act. [and subject to the 382
461	461	same limitations and the same assignment and lien rights as provided 383
462	462	in section 17b-94] In the case of proceeds from causes of action received 384
463	463	by such patient or an inheritance due such patient, the state shall have a 385
464	464	claim against the proceeds in the amount of any unpaid portion of per 386 Raised Bill No. 5310
465	465
466	466
467	467
468	468	LCO No. 2090 13 of 14
469	469
470	470	capita cost assessed to the patient for care. The patient, the patient's legal 387
471	471	guardian or the patient's estate shall assign to the state the amount of 388
472	472	such proceeds equal to the amount of any unpaid portion of per capita 389
473	473	cost, provided the claim of the state shall not exceed fifty per cent of the 390
474	474	proceeds of the cause of action or inheritance after payment of all 391
475	475	expenses connected with the cause of action or inheritance. The claim of 392
476	476	the state shall have priority over all other unsecured claims and 393
477	477	unrecorded encumbrances against such patient except for claims related 394
478	478	to cash assistance or medical assistance the state is required to recover 395
479	479	under federal law and court-ordered current or arrearage child support 396
480	480	obligations of the patient in an IV-D support case. For purposes of this 397
481	481	section, "cash assistance" means payments made to a beneficiary under 398
482	482	the state supplement program, aid to families with dependent children 399
483	483	program, temporary family assistance program or state-administered 400
484	484	general assistance program. 401
485	485	Sec. 9. Subsection (e) of section 45a-273 of the general statutes is 402
486	486	repealed and the following is substituted in lieu thereof (Effective July 1, 403
487	487	2020): 404
488	488	(e) The court shall determine the persons and entities entitled to 405
489	489	payment for the claims, expenses and taxes due from the estate, or 406
490	490	reimbursement for such amounts paid on behalf of the estate, in 407
491	491	accordance with section 45a-365 except, (1) if a decedent [received aid 408
492	492	or care from the state or received care in a state humane institution] (A) 409
493	493	received care in a state humane institution, as defined in section 17b-410
494	494	222, (B) received cash assistance or medical assistance the state is 411
495	495	required to recover under federal law, or (C) was a parent whose 412
496	496	support payments are subject to recovery by the state under the 413
497	497	provisions of section 17b-93, as amended by this act, such 414
498	498	reimbursement shall be in accordance with section 17b-95, as amended 415
499	499	by this act; and (2) if a decedent is obligated to pay the decedent's cost 416
500	500	of incarceration, such reimbursement shall be in accordance with section 417
501	501	18-85c. If the claims, taxes and expenses exceed the fair value of the 418
502	502	decedent's assets, the court shall order payment in accordance with this 419
503	503	subsection, provided the procedures for insolvent estates under sections 420 Raised Bill No. 5310
504	504
505	505
506	506
507	507	LCO No. 2090 14 of 14
508	508
509	509	45a-376 to 45a-383, inclusive, shall not be required. For purposes of this 421
510	510	section, "cash assistance" means payments made to a beneficiary under 422
511	511	the state supplement program, aid to families with dependent children 423
512	512	program, temporary family assistance program or state-administered 424
513	513	general assistance program. 425
514	514	This act shall take effect as follows and shall amend the following
515	515	sections:
516	516
517	517	Section 1 July 1, 2020 4a-13
518	518	Sec. 2 July 1, 2020 4a-16
519	519	Sec. 3 July 1, 2020 17b-77(b)
520	520	Sec. 4 July 1, 2020 17b-79
521	521	Sec. 5 July 1, 2020 17b-93
522	522	Sec. 6 July 1, 2020 17b-94
523	523	Sec. 7 July 1, 2020 17b-95
524	524	Sec. 8 July 1, 2020 17b-224
525	525	Sec. 9 July 1, 2020 45a-273(e)
526	526
527	527	Statement of Purpose:
528	528	To eliminate recovery of public assistance payments from beneficiaries
529	529	except as required under federal law.
530	530
531	531	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
532	532	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
533	533	underlined.]