O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-65—sHB 6319
Human Services Committee
Judiciary Committee
AN ACT CONCERNING PA YMENT RECOVERIES AND INCENTIVES
UNDER PUBLIC ASSISTA NCE PROGRAMS
SUMMARY: This act 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 act 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 ADMINISTRATION
By 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. (PA 21-2, July Special Session,
§§ 454-458, which amends PA 21-3, §§ 2-4, expands restrictions for placing liens
to recover public assistance and deems additional previously filed claims released
as of FY 22). 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 (CGS
§§ 4a-14 to -16).
The act requires the commissioner or his authorized representative, after
completing a financial accounting of the estate’s assets and debt, to first 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 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 act requires the Office of Policy and Management (OPM) secretary to
expand an incentive program for nonprofit human service providers that realize O L R P U B L I C A C T S U M M A R Y
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savings in the state-contracted services they deliver. Current practice requires
nonprofits to return any realized savings. Under the act, the program must allow
providers to keep any savings they realize from the contracted service cost if they
meet their contractual requirements, rather than keeping a percentage of those
savings as under prior law.
Prior law required OPM to establish a pilot program to allow eight
participating nonprofit human service providers to keep some of the savings they
realize, but it was not implemented. The act 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.