Connecticut 2020 Regular Session

Connecticut House Bill HB05403 Compare Versions

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

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7	7	LCO No. 2173 1 of 8
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9	9	General Assembly Raised Bill No. 5403
10	10	February Session, 2020
11	11	LCO No. 2173
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14	14	Referred to Committee on VETERANS' AFFAIRS
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17	17	Introduced by:
18	18	(VA)
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23	23	AN ACT EXCLUDING CER TAIN VETERANS' BENEFITS WHEN
24	24	DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
25	25	Be it enacted by the Senate and House of Representatives in General
26	26	Assembly convened:
27	27
28	28	Section 1. Subsection (a) of section 17b-28i of the general statutes is 1
29	29	repealed and the following is substituted in lieu thereof (Effective July 1, 2
30	30	2020): 3
31	31	(a) To the extent permissible by federal law, the Commissioner of 4
32	32	Social Services shall disregard federal (1) Aid and Attendance pension 5
33	33	benefits granted to a veteran or the surviving spouse of such veteran, 6
34	34	and (2) disability benefits granted to a veteran when determining 7
35	35	income eligibility for the state's Medicare savings, medical assistance 8
36	36	and energy assistance programs administered under section 17b-2. As 9
37	37	used in this subsection, "veteran" means any person [(1)] (A) honorably 10
38	38	discharged from, or released under honorable conditions from active 11
39	39	service in, the armed forces, as defined in section 27-103, or [(2)] (B) with 12
40	40	a qualifying condition, as defined in said section, who has received a 13
41	41	discharge other than bad conduct or dishonorable from active service in 14
42	42	the armed forces. 15 Raised Bill No. 5403
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46	46	LCO No. 2173 2 of 8
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48	48	Sec. 2. Subsection (a) of section 17b-104 of the 2020 supplement to the 16
49	49	general statutes is repealed and the following is substituted in lieu 17
50	50	thereof (Effective July 1, 2020): 18
51	51	(a) The Commissioner of Social Services shall administer the program 19
52	52	of state supplementation to the Supplemental Security Income Program 20
53	53	provided for by the Social Security Act and state law. The commissioner 21
54	54	may delegate any powers and authority to any deputy, assistant, 22
55	55	investigator or supervisor, who shall have, within the scope of the 23
56	56	power and authority so delegated, all of the power and authority of the 24
57	57	Commissioner of Social Services. The commissioner shall establish a 25
58	58	standard of need based on the cost of living in this state for the 26
59	59	temporary family assistance program and the state-administered 27
60	60	general assistance program. The commissioner shall make a 28
61	61	reinvestigation, at least every twelve months, of all cases receiving aid 29
62	62	from the state, except that such reinvestigation may be conducted every 30
63	63	twenty-four months for recipients of assistance to the elderly or disabled 31
64	64	with stable circumstances, and shall maintain all case records of the 32
65	65	several programs administered by the Department of Social Services so 33
66	66	that such records show, at all times, full information with respect to 34
67	67	eligibility of the applicant or recipient. In the determination of need 35
68	68	under any public assistance program, such income or earnings shall be 36
69	69	disregarded as federal law requires, and such income or earnings may 37
70	70	be disregarded as federal law permits. In determining eligibility, the 38
71	71	commissioner shall disregard from income federal (1) Aid and 39
72	72	Attendance pension benefits granted to a veteran, as defined [under] in 40
73	73	section 27-103, or the surviving spouse of such veteran, and (2) disability 41
74	74	benefits granted to a veteran. The commissioner shall encourage and 42
75	75	promulgate such incentive earning programs as are permitted by 43
76	76	federal law and regulations. 44
77	77	Sec. 3. Section 17b-191 of the general statutes is repealed and the 45
78	78	following is substituted in lieu thereof (Effective July 1, 2020): 46
79	79	(a) Notwithstanding the provisions of sections 17b-190, 17b-195 and 47
80	80	17b-196, as amended by this act, the Commissioner of Social Services 48 Raised Bill No. 5403
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84	84	LCO No. 2173 3 of 8
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86	86	shall operate a state-administered general assistance program in 49
87	87	accordance with this section and sections 17b-131, 17b-193, 17b-194, 17b-50
88	88	197 and 17b-198. Notwithstanding any provision of the general statutes, 51
89	89	on and after October 1, 2003, no town shall be reimbursed by the state 52
90	90	for any general assistance medical benefits incurred after September 30, 53
91	91	2003, and on and after March 1, 2004, no town shall be reimbursed by 54
92	92	the state for any general assistance cash benefits or general assistance 55
93	93	program administrative costs incurred after February 29, 2004. 56
94	94	(b) The state-administered general assistance program shall provide 57
95	95	cash assistance of (1) two hundred dollars per month for an 58
96	96	unemployable person upon determination of suc h person's 59
97	97	unemployability; (2) two hundred dollars per month for a transitional 60
98	98	person who is required to pay for shelter; and (3) fifty dollars per month 61
99	99	for a transitional person who is not required to pay for shelter. The 62
100	100	standard of assistance paid for individuals residing in rated boarding 63
101	101	facilities shall remain at the level in effect on August 31, 2003. No person 64
102	102	shall be eligible for cash assistance under the program if eligible for cash 65
103	103	assistance under any other state or federal cash assistance program. The 66
104	104	standards of assistance set forth in this subsection shall be subject to 67
105	105	annual increases, as described in subsection (b) of section 17b-104. 68
106	106	(c) To be eligible for cash assistance under the program, a person shall 69
107	107	(1) be (A) eighteen years of age or older; (B) a minor found by a court to 70
108	108	be emancipated pursuant to section 46b-150; or (C) under eighteen years 71
109	109	of age and the commissioner determines good cause for such person's 72
110	110	eligibility, and (2) not have assets exceeding two hundred fifty dollars 73
111	111	or, if such person is married, such person and his or her spouse shall not 74
112	112	have assets exceeding five hundred dollars. 75
113	113	(d) In determining eligibility, the commissioner shall not consider as 76
114	114	income federal (1) Aid and Attendance pension benefits granted to a 77
115	115	veteran, as defined in section 27-103, or the surviving spouse of such 78
116	116	veteran, or (2) disability benefits granted to a veteran. 79
117	117	(e) No person who is a substance abuser and refuses or fails to enter 80 Raised Bill No. 5403
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121	121	LCO No. 2173 4 of 8
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123	123	available, appropriate treatment shall be eligible for cash assistance 81
124	124	under the program until such person enters treatment. No person whose 82
125	125	benefits from the temporary family assistance program have terminated 83
126	126	as a result of time-limited benefits or for failure to comply with a 84
127	127	program requirement shall be eligible for cash assistance under the 85
128	128	program. 86
129	129	[(d)] (f) Prior to or upon discontinuance of assistance, a person 87
130	130	previously determined to be a transitional person may petition the 88
131	131	commissioner to review the determination of his or her status. In such 89
132	132	review, the commissioner shall consider factors, including, but not 90
133	133	limited to: (1) Age; (2) education; (3) vocational training; (4) mental and 91
134	134	physical health; and (5) employment history and shall make a 92
135	135	determination of such person's ability to obtain gainful employment. 93
136	136	Sec. 4. Section 17b-256f of the general statutes is repealed and the 94
137	137	following is substituted in lieu thereof (Effective July 1, 2020): 95
138	138	The Commissioner of Social Services shall increase income disregards 96
139	139	used to determine eligibility by the Department of Social Services for the 97
140	140	federal Qualified Medicare Beneficiary, the Specified Low-Income 98
141	141	Medicare Beneficiary and the Qualifying Individual programs, 99
142	142	administered in accordance with the provisions of 42 USC 1396d(p), by 100
143	143	such amounts that shall result in persons with income that is (1) less 101
144	144	than two hundred eleven per cent of the federal poverty level qualifying 102
145	145	for the Qualified Medicare Beneficiary program, (2) at or above two 103
146	146	hundred eleven per cent of the federal poverty level but less than two 104
147	147	hundred thirty-one per cent of the federal poverty level qualifying for 105
148	148	the Specified Low-Income Medicare Beneficiary program, and (3) at or 106
149	149	above two hundred thirty-one per cent of the federal poverty level but 107
150	150	less than two hundred forty-six per cent of the federal poverty level 108
151	151	qualifying for the Qualifying Individual program. The commissioner 109
152	152	shall not apply an asset test for eligibility under the Medicare Savings 110
153	153	Program. The commissioner shall not consider as income federal (A) 111
154	154	Aid and Attendance pension benefits granted to a veteran, as defined in 112
155	155	section 27-103 or the surviving spouse of such veteran, or (B) disability 113 Raised Bill No. 5403
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159	159	LCO No. 2173 5 of 8
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161	161	benefits granted to a veteran. The Commissioner of Social Services, 114
162	162	pursuant to section 17b-10, may implement policies and procedures to 115
163	163	administer the provisions of this section while in the process of adopting 116
164	164	such policies and procedures in regulation form, provided the 117
165	165	commissioner prints notice of the intent to adopt the regulations on the 118
166	166	department's Internet web site and the eRegulations System not later 119
167	167	than twenty days after the date of implementation. Such policies and 120
168	168	procedures shall be valid until the time final regulations are adopted. 121
169	169	Sec. 5. Subsection (a) of section 17b-261 of the 2020 supplement to the 122
170	170	general statutes is repealed and the following is substituted in lieu 123
171	171	thereof (Effective July 1, 2020): 124
172	172	(a) (1) Medical assistance shall be provided for any otherwise eligible 125
173	173	person whose income, including any available support from legally 126
174	174	liable relatives and the income of the person's spouse or dependent 127
175	175	child, is not more than one hundred forty-three per cent, pending 128
176	176	approval of a federal waiver applied for pursuant to subsection (e) of 129
177	177	this section, of the benefit amount paid to a person with no income 130
178	178	under the temporary family assistance program in the appropriate 131
179	179	region of residence and if such person is an institutionalized individual 132
180	180	as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 133
181	181	and has not made an assignment or transfer or other disposition of 134
182	182	property for less than fair market value for the purpose of establishing 135
183	183	eligibility for benefits or assistance under this section. Any such 136
184	184	disposition shall be treated in accordance with Section 1917(c) of the 137
185	185	Social Security Act, 42 USC 1396p(c). Any disposition of property made 138
186	186	on behalf of an applicant or recipient or the spouse of an applicant or 139
187	187	recipient by a guardian, conservator, person authorized to make such 140
188	188	disposition pursuant to a power of attorney or other person so 141
189	189	authorized by law shall be attributed to such applicant, recipient or 142
190	190	spouse. A disposition of property ordered by a court shall be evaluated 143
191	191	in accordance with the standards applied to any other such disposition 144
192	192	for the purpose of determining eligibility. The commissioner shall 145
193	193	establish the standards for eligibility for medical assistance at one 146
194	194	hundred forty-three per cent of the benefit amount paid to a household 147 Raised Bill No. 5403
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198	198	LCO No. 2173 6 of 8
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200	200	of equal size with no income under the temporary family assistance 148
201	201	program in the appropriate region of residence. In determining 149
202	202	eligibility, the commissioner shall not consider as income federal (A) 150
203	203	Aid and Attendance pension benefits granted to a veteran, as defined in 151
204	204	section 27-103 or the surviving spouse of such veteran, or (B) disability 152
205	205	benefits granted to a veteran. Except as provided in section 17b-277 and 153
206	206	section 17b-292, the medical assistance program shall provide coverage 154
207	207	to persons under the age of nineteen with household income up to one 155
208	208	hundred ninety-six per cent of the federal poverty level without an asset 156
209	209	limit and to persons under the age of nineteen, who qualify for coverage 157
210	210	under Section 1931 of the Social Security Act, with household income 158
211	211	not exceeding one hundred ninety-six per cent of the federal poverty 159
212	212	level without an asset limit, and their parents and needy caretaker 160
213	213	relatives, who qualify for coverage under Section 1931 of the Social 161
214	214	Security Act, with household income not exceeding one hundred fifty-162
215	215	five per cent of the federal poverty level without an asset limit. Such 163
216	216	levels shall be based on the regional differences in such benefit amount, 164
217	217	if applicable, unless such levels based on regional differences are not in 165
218	218	conformance with federal law. Any income in excess of the applicable 166
219	219	amounts shall be applied as may be required by said federal law, and 167
220	220	assistance shall be granted for the balance of the cost of authorized 168
221	221	medical assistance. 169
222	222	(2) The Commissioner of Social Services shall provide applicants for 170
223	223	assistance under this section, at the time of application, with a written 171
224	224	statement advising them of [(1)] (A) the effect of an assignment or 172
225	225	transfer or other disposition of property on eligibility for benefits or 173
226	226	assistance, [(2)] (B) the effect that having income that exceeds the limits 174
227	227	prescribed in this subsection will have with respect to program 175
228	228	eligibility, and [(3)] (C) the availability of, and eligibility for, services 176
229	229	provided by the Nurturing Families Network established pursuant to 177
230	230	section 17b-751b. For coverage dates on or after January 1, 2014, the 178
231	231	department shall use the modified adjusted gross income financial 179
232	232	eligibility rules set forth in Section 1902(e)(14) of the Social Security Act 180
233	233	and the implementing regulations to determine eligibility for HUSKY 181 Raised Bill No. 5403
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237	237	LCO No. 2173 7 of 8
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239	239	A, HUSKY B and HUSKY D applicants, as defined in section 17b-290. 182
240	240	Persons who are determined ineligible for assistance pursuant to this 183
241	241	section shall be provided a written statement notifying such persons of 184
242	242	their ineligibility and advising such persons of their potential eligibility 185
243	243	for one of the other insurance affordability programs as defined in 42 186
244	244	CFR 435.4. 187
245	245	Sec. 6. Subsection (l) of section 17b-342 of the general statutes is 188
246	246	repealed and the following is substituted in lieu thereof (Effective July 1, 189
247	247	2020): 190
248	248	(l) In determining eligibility for the program described in this section, 191
249	249	the commissioner shall not consider as income federal (1) Aid and 192
250	250	Attendance pension benefits granted to a veteran, as defined in section 193
251	251	27-103 or the surviving spouse of such veteran, or (2) disability benefits 194
252	252	granted to a veteran. 195
253	253	Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 196
254	254	repealed and the following is substituted in lieu thereof (Effective July 1, 197
255	255	2020): 198
256	256	(a) The Commissioner of Social Services shall administer a state-199
257	257	appropriated fuel assistance program to provide, within available 200
258	258	appropriations, fuel assistance to elderly and disabled persons whose 201
259	259	household gross income is above the income eligibility guidelines for 202
260	260	the Connecticut energy assistance program but does not exceed two 203
261	261	hundred per cent of federal poverty guidelines. The income eligibility 204
262	262	guidelines for the state-appropriated fuel assistance program shall be 205
263	263	determined, annually, by the Commissioner of Social Services, in 206
264	264	conjunction with the Secretary of the Office of Policy and Management. 207
265	265	In determining eligibility, the commissioner shall not consider as 208
266	266	income federal (1) Aid and Attendance pension benefits granted to a 209
267	267	veteran, as defined [under] in section 27-103 or the surviving spouse of 210
268	268	such veteran, or (2) disability benefits granted to a veteran. The 211
269	269	commissioner may adopt regulations, in accordance with the provisions 212
270	270	of chapter 54, to implement the provisions of this subsection. 213 Raised Bill No. 5403
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274	274	LCO No. 2173 8 of 8
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276	276	Sec. 8. Section 17b-196 of the general statutes is repealed and the 214
277	277	following is substituted in lieu thereof (Effective July 1, 2020): 215
278	278	Notwithstanding the provisions of [subsection (c)] subsections (c) to 216
279	279	(f), inclusive, of section 17b-191, as amended by this act, a person (1) at 217
280	280	least eighteen years of age and under twenty-one years of age, (2) living 218
281	281	with his or her family that is receiving benefits under the temporary 219
282	282	family assistance program, and (3) who would be an eligible dependent 220
283	283	in such program if under the age of eighteen shall be eligible for state-221
284	284	administered general assistance in the amount of assistance such person 222
285	285	would be eligible for as a dependent in such family under the temporary 223
286	286	family assistance program. 224
287	287	This act shall take effect as follows and shall amend the following
288	288	sections:
289	289
290	290	Section 1 July 1, 2020 17b-28i(a)
291	291	Sec. 2 July 1, 2020 17b-104(a)
292	292	Sec. 3 July 1, 2020 17b-191
293	293	Sec. 4 July 1, 2020 17b-256f
294	294	Sec. 5 July 1, 2020 17b-261(a)
295	295	Sec. 6 July 1, 2020 17b-342(l)
296	296	Sec. 7 July 1, 2020 17b-801(a)
297	297	Sec. 8 July 1, 2020 17b-196
298	298
299	299	Statement of Purpose:
300	300	To exclude certain veterans' benefits from income when determining
301	301	eligibility for public assistance programs.
302	302	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
303	303	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
304	304	underlined.]
305	305