Researcher: JP Page 1 3/9/21
OLR Bill Analysis
sHB 6319
AN ACT CONCERNING PAYMENT RECOVERIES AND
INCENTIVES UNDER PUBLIC ASSISTANCE PROGRAMS.
SUMMARY
This bill adds a notification requirement and filing deadline to the
process of administering certain small estates to recover state claims
when a person supported or cared for by the state dies. In addition, the
bill expands and makes permanent a pilot incentive program for
nonprofit human services providers. It also makes several technical
and conforming changes.
EFFECTIVE DATE: July 1, 2021
§ 1 — SMALL ESTATE ADMINIS TRATION
Under current law, when a person supported or cared for by the
state dies and leaves an estate worth less than $40,000, the
administrative services commissioner or his authorized representative
must certify to the probate court (1) the estate’s value and (2) that the
state’s claim, together with certain final expenses (i.e., last illness and
funeral), equals or exceeds the estate’s value. By law, the court must
then issue a certificate that he or his representative is the legal estate
representative to recover the state’s claim. The receipt of this certificate
is a valid discharge of the liability for the individual’s assistance, last
illness, and funeral expenses (CGS §§ 4a-14 to -16).
The bill requires the commissioner or his authorized representative,
after completing a financial accounting of the estate’s assets and debt,
to make a reasonable effort to inform the next of kin in writing that he
or his designee intends to become the estate’s legal representative to
recover the state’s claim for care or assistance rendered to the
decedent. It requires the commissioner or his designee to file with the
probate court no later than 30 days after making the notification 2021HB-06319-R000022-BA.DOCX
Researcher: JP Page 2 3/9/21
attempt. The provisions apply to the estates of individuals who
received care or support (1) in a public assistance program, (2) in an
institution maintained by the department of Developmental Services
or Mental Health and Addiction Services, (3) while an inmate of the
Department of Corrections, or (4) as a child committed to the
commissioner of Children and Families or Social Services.
§ 2 — NONPROFIT INCENTIVE PROGRAM
The bill requires the Office of Policy and Management (OPM)
secretary to expand an incentive program for nonprofit human service
providers that realize savings in the state-contracted services they
deliver. Current practice requires nonprofits to return any realized
savings. Under the bill, the program must (1) allow providers to keep
any savings they realize from the contracted service cost as long as
they meet their contractual requirements and (2) prohibit future
contracted amounts for the same type of service from being reduced
solely on savings achieved in previous contracts by such providers.
Current law requires OPM to establish a pilot program to allow
eight participating nonprofit human service providers to retain a
portion of any savings they realize, but it has not been implemented.
The bill removes this eligibility criteria to allow participation by any
contracted nonprofit providers of human services, which by law
include service providers to persons with intellectual, physical, or
mental disabilities or autism spectrum disorder.
COMMITTEE ACTION
Human Services Committee
Joint Favorable
Yea 19 Nay 0 (02/23/2021)