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General Assembly Substitute Bill No. 6319
January Session, 2021
AN ACT CONCERNING PA YMENT RECOVERIES AND INCENTIVES
UNDER PUBLIC ASSISTA NCE PROGRAMS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4a-16 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2021): 2
When any person supported or cared for by the state [under] (1) in a 3
program of public assistance, [or] (2) in an institution maintained by the 4
Department of Developmental Services or Department of Mental Health 5
and Addiction Services, [or] (3) when an inmate of the Department of 6
Correction, or [when any] (4) as a child committed to the Commissioner 7
of Social Services or Commissioner of Children and Families dies 8
leaving only personal estate, including personal assets owing and due 9
the estate after death, not exceeding the aggregate value, as described in 10
section 45a-273, the Commissioner of Administrative Services or the 11
commissioner's authorized representative shall, upon [filing with] 12
completing a financial accounting of the estate's assets and debt, make 13
a reasonable effort to inform the next of kin of the decedent in writing 14
that the commissioner or the commissioner's designee intends to 15
become the legal representative of the estate for the purpose of securing 16
partial or full reimbursement of the claim of the state for care or 17
assistance rendered to the decedent. The commissioner, or the 18
commissioner's designee, not later than thirty days after making a 19 Substitute Bill No. 6319
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reasonable effort to contact the next of kin of the decedent, shall file with 20
the [probate court] Probate Court having jurisdiction of such estate a 21
certificate that the total estate is under the aggregate value, as described 22
in section 45a-273, and the claim of the state, together with the expense 23
of last illness not exceeding three hundred seventy-five dollars and 24
funeral and burial expenses in accordance with section 17b-84 or section 25
17b-131, equals or exceeds the amount of such estate. [, be issued a 26
certificate by said court] The court shall issue a certificate to the 27
commissioner, or the commissioner's designee, stating that the 28
commissioner, or the commissioner's designee, is the legal 29
representative of such estate [only for the following purpose. The 30
commissioner shall have authority to] and may claim such estate, the 31
commissioner's receipt for the same to be a valid discharge of the 32
liability of any person turning over the same, and [to] settle the same by 33
payment of the expense of last illness not exceeding three hundred 34
seventy-five dollars, expense of funeral and burial in accordance with 35
section 17b-84 or 17b-131 and the remainder as partial or full 36
reimbursement of the claim of the state for care or assistance rendered 37
to the decedent. The commissioner, or the commissioner's designee, 38
shall file with said [probate court] Probate Court a statement of the 39
settlement of such estate as herein provided. 40
Sec. 2. Subsection (c) of section 4-216 of the general statutes is 41
repealed and the following is substituted in lieu thereof (Effective July 1, 42
2021): 43
(c) The secretary shall establish [a pilot] an incentive program for 44
nonprofit providers of human services that shall (1) allow providers 45
who otherwise meet contractual requirements to retain [a percentage of] 46
any savings realized by the providers from the contracted cost for 47
services, and (2) provide that future contracted amounts from the state 48
for the same types of services are not reduced solely to reflect savings 49
achieved in previous contracts by such providers. [The pilot incentive 50
program shall include eight nonprofit providers of human services with 51
state contracts of the following amounts: (A) Two with contracts of at 52 Substitute Bill No. 6319
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least fifty million dollars, (B) two with contracts of at least twenty 53
million dollars but less than fifty million dollars, (C) two with contracts 54
of at least five million dollars but less than twenty million dollars, and 55
(D) two with contracts of less than five million dollars.] For purposes of 56
this subsection, "nonprofit providers of human services" includes, but is 57
not limited to, nonprofit providers of services to persons with 58
intellectual, physical or mental disabilities or autism spectrum disorder. 59
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 4a-16
Sec. 2 July 1, 2021 4-216(c)
Statement of Legislative Commissioners:
In Section 1, the two occurrences of "next of kin" were changed to "the
next of kin" for clarity and consistency and the two occurrences of
"probate court" were changed to "[probate court] Probate Court" for
consistency.
HS Joint Favorable Subst. -LCO