Connecticut 2020 Regular Session

Connecticut House Bill HB05310 Latest Draft

Bill / Introduced Version Filed 02/25/2020

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 Section 4a-13 of the general statutes is repealed and the 1 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 Section 4a-16 of the general statutes is repealed and the 18 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