Connecticut 2020 Regular Session

Connecticut Senate Bill SB00220 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 1687 1 of 7
4	4
5	5	General Assembly Raised Bill No. 220
6	6	February Session, 2020
7	7	LCO No. 1687
8	8
9	9
10	10	Referred to Committee on VETERANS' AFFAIRS
11	11
12	12
13	13	Introduced by:
14	14	(VA)
15	15
16	16
17	17
18	18
19	19	AN ACT EXPANDING CER TAIN VETERANS' ELIGIBILITY FOR
20	20	PUBLIC ASSISTANCE PR OGRAMS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsection (a) of section 17b-28i of the general statutes is 1
25	25	repealed and the following is substituted in lieu thereof (Effective July 1, 2
26	26	2020): 3
27	27	(a) To the extent permissible by federal law, the Commissioner of 4
28	28	Social Services shall disregard federal Veterans Pension benefits, 5
29	29	Housebound benefits, Survivors Pension benefits and Aid and 6
30	30	Attendance [pension] benefits granted to a veteran or the surviving 7
31	31	spouse of such veteran when determining income eligibility for the 8
32	32	state's Medicare savings, medical assistance and energy assistance 9
33	33	programs administered under section 17b-2. As used in this subsection, 10
34	34	"veteran" means any person (1) honorably discharged from, or released 11
35	35	under honorable conditions from active service in, the armed forces, as 12
36	36	defined in section 27-103, or (2) with a qualifying condition, as defined 13
37	37	in said section, who has received a discharge other than bad conduct or 14
38	38	dishonorable from active service in the armed forces. 15 Raised Bill No. 220
39	39
40	40
41	41
42	42	LCO No. 1687 2 of 7
43	43
44	44	Sec. 2. Subsection (a) of section 17b-104 of the 2020 supplement to the 16
45	45	general statutes is repealed and the following is substituted in lieu 17
46	46	thereof (Effective July 1, 2020): 18
47	47	(a) The Commissioner of Social Services shall administer the program 19
48	48	of state supplementation to the Supplemental Security Income Program 20
49	49	provided for by the Social Security Act and state law. The commissioner 21
50	50	may delegate any powers and authority to any deputy, assistant, 22
51	51	investigator or supervisor, who shall have, within the scope of the 23
52	52	power and authority so delegated, all of the power and authority of the 24
53	53	Commissioner of Social Services. The commissioner shall establish a 25
54	54	standard of need based on the cost of living in this state for the 26
55	55	temporary family assistance program and the state-administered 27
56	56	general assistance program. The commissioner sh all make a 28
57	57	reinvestigation, at least every twelve months, of all cases receiving aid 29
58	58	from the state, except that such reinvestigation may be conducted every 30
59	59	twenty-four months for recipients of assistance to the elderly or disabled 31
60	60	with stable circumstances, and shall maintain all case records of the 32
61	61	several programs administered by the Department of Social Services so 33
62	62	that such records show, at all times, full information with respect to 34
63	63	eligibility of the applicant or recipient. In the determination of need 35
64	64	under any public assistance program, such income or earnings shall be 36
65	65	disregarded as federal law requires, and such income or earnings may 37
66	66	be disregarded as federal law permits. In determining eligibility, the 38
67	67	commissioner shall disregard from income federal Veterans Pension 39
68	68	benefits, Housebound benefits, Survivors Pension benefits and Aid and 40
69	69	Attendance [pension] benefits granted to a veteran, as defined under 41
70	70	section 27-103, or the surviving spouse of such veteran. The 42
71	71	commissioner shall encourage and promulgate such incentive earning 43
72	72	programs as are permitted by federal law and regulations. 44
73	73	Sec. 3. Subsection (c) of section 17b-191 of the general statutes is 45
74	74	repealed and the following is substituted in lieu thereof (Effective July 1, 46
75	75	2020): 47
76	76	(c) To be eligible for cash assistance under the program, a person shall 48 Raised Bill No. 220
77	77
78	78
79	79
80	80	LCO No. 1687 3 of 7
81	81
82	82	(1) be (A) eighteen years of age or older; (B) a minor found by a court to 49
83	83	be emancipated pursuant to section 46b-150; or (C) under eighteen years 50
84	84	of age and the commissioner determines good cause for such person's 51
85	85	eligibility, and (2) not have assets exceeding two hundred fifty dollars 52
86	86	or, if such person is married, such person and his or her spouse shall not 53
87	87	have assets exceeding five hundred dollars. In determining eligibility, 54
88	88	the commissioner shall not consider as income federal Veterans Pension 55
89	89	benefits, Housebound benefits, Survivors Pension benefits and Aid and 56
90	90	Attendance [pension] benefits granted to a veteran, as defined in section 57
91	91	27-103, or the surviving spouse of such veteran. No person who is a 58
92	92	substance abuser and refuses or fails to enter available, appropriate 59
93	93	treatment shall be eligible for cash assistance under the program until 60
94	94	such person enters treatment. No person whose benefits from the 61
95	95	temporary family assistance program have terminated as a result of 62
96	96	time-limited benefits or for failure to comply with a program 63
97	97	requirement shall be eligible for cash assistance under the program. 64
98	98	Sec. 4. Section 17b-256f of the general statutes is repealed and the 65
99	99	following is substituted in lieu thereof (Effective July 1, 2020): 66
100	100	The Commissioner of Social Services shall increase income disregards 67
101	101	used to determine eligibility by the Department of Social Services for the 68
102	102	federal Qualified Medicare Beneficiary, the Specified Low-Income 69
103	103	Medicare Beneficiary and the Qualifying Individual programs, 70
104	104	administered in accordance with the provisions of 42 USC 1396d(p), by 71
105	105	such amounts that shall result in persons with income that is (1) less 72
106	106	than two hundred eleven per cent of the federal poverty level qualifying 73
107	107	for the Qualified Medicare Beneficiary program, (2) at or above two 74
108	108	hundred eleven per cent of the federal poverty level but less than two 75
109	109	hundred thirty-one per cent of the federal poverty level qualifying for 76
110	110	the Specified Low-Income Medicare Beneficiary program, and (3) at or 77
111	111	above two hundred thirty-one per cent of the federal poverty level but 78
112	112	less than two hundred forty-six per cent of the federal poverty level 79
113	113	qualifying for the Qualifying Individual program. The commissioner 80
114	114	shall not apply an asset test for eligibility under the Medicare Savings 81
115	115	Program. The commissioner shall not consider as income federal 82 Raised Bill No. 220
116	116
117	117
118	118
119	119	LCO No. 1687 4 of 7
120	120
121	121	Veterans Pension benefits, Housebound benefits, Survivors Pension 83
122	122	benefits and Aid and Attendance [pension] benefits granted to a 84
123	123	veteran, as defined in section 27-103, or the surviving spouse of such 85
124	124	veteran. The Commissioner of Social Services, pursuant to section 17b-86
125	125	10, may implement policies and procedures to administer the provisions 87
126	126	of this section while in the process of adopting such policies and 88
127	127	procedures in regulation form, provided the commissioner prints notice 89
128	128	of the intent to adopt the regulations on the department's Internet web 90
129	129	site and the eRegulations System not later than twenty days after the 91
130	130	date of implementation. Such policies and procedures shall be valid 92
131	131	until the time final regulations are adopted. 93
132	132	Sec. 5. Subsection (a) of section 17b-261 of the 2020 supplement to the 94
133	133	general statutes is repealed and the following is substituted in lieu 95
134	134	thereof (Effective July 1, 2020): 96
135	135	(a) Medical assistance shall be provided for any otherwise eligible 97
136	136	person whose income, including any available support from legally 98
137	137	liable relatives and the income of the person's spouse or dependent 99
138	138	child, is not more than one hundred forty-three per cent, pending 100
139	139	approval of a federal waiver applied for pursuant to subsection (e) of 101
140	140	this section, of the benefit amount paid to a person with no income 102
141	141	under the temporary family assistance program in the appropriate 103
142	142	region of residence and if such person is an institutionalized individual 104
143	143	as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 105
144	144	and has not made an assignment or transfer or other disposition of 106
145	145	property for less than fair market value for the purpose of establishing 107
146	146	eligibility for benefits or assistance under this section. Any such 108
147	147	disposition shall be treated in accordance with Section 1917(c) of the 109
148	148	Social Security Act, 42 USC 1396p(c). Any disposition of property made 110
149	149	on behalf of an applicant or recipient or the spouse of an applicant or 111
150	150	recipient by a guardian, conservator, person authorized to make such 112
151	151	disposition pursuant to a power of attorney or other person so 113
152	152	authorized by law shall be attributed to such applicant, recipient or 114
153	153	spouse. A disposition of property ordered by a court shall be evaluated 115
154	154	in accordance with the standards applied to any other such disposition 116 Raised Bill No. 220
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156	156
157	157
158	158	LCO No. 1687 5 of 7
159	159
160	160	for the purpose of determining eligibility. The commissioner shall 117
161	161	establish the standards for eligibility for medical assistance at one 118
162	162	hundred forty-three per cent of the benefit amount paid to a household 119
163	163	of equal size with no income under the temporary family assistance 120
164	164	program in the appropriate region of residence. In determining 121
165	165	eligibility, the commissioner shall not consider as income federal 122
166	166	Veterans Pension benefits, Housebound benefits, Survivors Pension 123
167	167	benefits and Aid and Attendance [pension] benefits granted to a 124
168	168	veteran, as defined in section 27-103, or the surviving spouse of such 125
169	169	veteran. Except as provided in section 17b-277 and section 17b-292, the 126
170	170	medical assistance program shall provide coverage to persons under the 127
171	171	age of nineteen with household income up to one hundred ninety-six 128
172	172	per cent of the federal poverty level without an asset limit and to 129
173	173	persons under the age of nineteen, who qualify for coverage under 130
174	174	Section 1931 of the Social Security Act, with household income not 131
175	175	exceeding one hundred ninety-six per cent of the federal poverty level 132
176	176	without an asset limit, and their parents and needy caretaker relatives, 133
177	177	who qualify for coverage under Section 1931 of the Social Security Act, 134
178	178	with household income not exceeding one hundred fifty-five per cent of 135
179	179	the federal poverty level without an asset limit. Such levels shall be 136
180	180	based on the regional differences in such benefit amount, if applicable, 137
181	181	unless such levels based on regional differences are not in conformance 138
182	182	with federal law. Any income in excess of the applicable amounts shall 139
183	183	be applied as may be required by said federal law, and assistance shall 140
184	184	be granted for the balance of the cost of authorized medical assistance. 141
185	185	The Commissioner of Social Services shall provide applicants for 142
186	186	assistance under this section, at the time of application, with a written 143
187	187	statement advising them of (1) the effect of an assignment or transfer or 144
188	188	other disposition of property on eligibility for benefits or assistance, (2) 145
189	189	the effect that having income that exceeds the limits prescribed in this 146
190	190	subsection will have with respect to program eligibility, and (3) the 147
191	191	availability of, and eligibility for, services provided by the Nurturing 148
192	192	Families Network established pursuant to section 17b-751b. For 149
193	193	coverage dates on or after January 1, 2014, the department shall use the 150
194	194	modified adjusted gross income financial eligibility rules set forth in 151 Raised Bill No. 220
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196	196
197	197
198	198	LCO No. 1687 6 of 7
199	199
200	200	Section 1902(e)(14) of the Social Security Act and the implementing 152
201	201	regulations to determine eligibility for HUSKY A, HUSKY B and 153
202	202	HUSKY D applicants, as defined in section 17b-290. Persons who are 154
203	203	determined ineligible for assistance pursuant to this section shall be 155
204	204	provided a written statement notifying such persons of their ineligibility 156
205	205	and advising such persons of their potential eligibility for one of the 157
206	206	other insurance affordability programs as defined in 42 CFR 435.4. 158
207	207	Sec. 6. Subsection (l) of section 17b-342 of the general statutes is 159
208	208	repealed and the following is substituted in lieu thereof (Effective July 1, 160
209	209	2020): 161
210	210	(l) In determining eligibility for the program described in this section, 162
211	211	the commissioner shall not consider as income federal Veterans Pension 163
212	212	benefits, Housebound benefits, Survivors Pension benefits and Aid and 164
213	213	Attendance [pension] benefits granted to a veteran, as defined in section 165
214	214	27-103, or the surviving spouse of such veteran. 166
215	215	Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 167
216	216	repealed and the following is substituted in lieu thereof (Effective July 1, 168
217	217	2020): 169
218	218	(a) The Commissioner of Social Services shall administer a state-170
219	219	appropriated fuel assistance program to provide, within available 171
220	220	appropriations, fuel assistance to elderly and disabled persons whose 172
221	221	household gross income is above the income eligibility guidelines for 173
222	222	the Connecticut energy assistance program but does not exceed two 174
223	223	hundred per cent of federal poverty guidelines. The income eligibility 175
224	224	guidelines for the state-appropriated fuel assistance program shall be 176
225	225	determined, annually, by the Commissioner of Social Services, in 177
226	226	conjunction with the Secretary of the Office of Policy and Management. 178
227	227	In determining eligibility, the commissioner shall not consider as 179
228	228	income federal Veterans Pension benefits, Housebound benefits, 180
229	229	Survivors Pension benefits and Aid and Attendance [pension] benefits 181
230	230	granted to a veteran, as defined under section 27-103, or the surviving 182
231	231	spouse of such veteran. The commissioner may adopt regulations, in 183 Raised Bill No. 220
232	232
233	233
234	234
235	235	LCO No. 1687 7 of 7
236	236
237	237	accordance with the provisions of chapter 54, to implement the 184
238	238	provisions of this subsection. 185
239	239	This act shall take effect as follows and shall amend the following
240	240	sections:
241	241
242	242	Section 1 July 1, 2020 17b-28i(a)
243	243	Sec. 2 July 1, 2020 17b-104(a)
244	244	Sec. 3 July 1, 2020 17b-191(c)
245	245	Sec. 4 July 1, 2020 17b-256f
246	246	Sec. 5 July 1, 2020 17b-261(a)
247	247	Sec. 6 July 1, 2020 17b-342(l)
248	248	Sec. 7 July 1, 2020 17b-801(a)
249	249
250	250	Statement of Purpose:
251	251	To exclude all veterans' pension benefits from income when
252	252	determining eligibility for public assistance programs.
253	253	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
254	254	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
255	255	underlined.]
256	256