Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06416 Introduced / Bill

Filed 02/09/2021

                        
 
 
 
 
 
LCO No. 3159  	1 of 14 
 
General Assembly  Raised Bill No. 6416  
January Session, 2021 
LCO No. 3159 
 
 
Referred to Committee on HUMAN SERVICES  
 
 
Introduced by:  
(HS)  
 
 
AN ACT CONCERNING TH E REMOVAL OF LIENS ON THE 
PROPERTY OF PUBLIC A SSISTANCE BENEFICIARIES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 4a-13 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2021): 2 
(a) As used in this section and section 4a-16, as amended by this act, 3 
"cash assistance" means payments made to a beneficiary of the aid to 4 
families with dependent children program, the state-administered 5 
general assistance program, the state supplement program or the 6 
temporary family assistance program.  7 
(b) The Commissioner of Administrative Services may accept 8 
mortgage notes and mortgage deeds in payment of claims due for 9 
[welfare assistance or] (1) institutional care [,] in state humane 10 
institutions, as defined in section 17b-222, or correctional institutions 11 
administered by the Commissioner of Correction, and (2) cash 12 
assistance and medical assistance, provided that no such claims shall be 13 
due and payable from mortgage notes and mortgage deeds valued at 14 
two hundred fifty thousand dollars or less unless required under federal 15 
law or the provisions of section 18-85c. The commissioner may accept 16  Raised Bill No.  6416 
 
 
 
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such mortgage notes and mortgage deeds on such terms and conditions 17 
as the commissioner deems proper and reasonable, and such 18 
encumbrances may be foreclosed in an action brought in a court of 19 
competent jurisdiction by the commissioner on behalf of the state. Any 20 
such encumbrance shall be released by the commissioner upon payment 21 
of the amount by it secured. 22 
Sec. 2. Section 4a-16 of the general statutes is repealed and the 23 
following is substituted in lieu thereof (Effective July 1, 2021): 24 
When any person supported or cared for by the state (1) under a 25 
program of [public] cash assistance or medical assistance, [or] (2) in an 26 
institution maintained by the Department of Developmental Services or 27 
Department of Mental Health and Addiction Services, [or] (3) when an 28 
inmate of the Department of Correction, or [when any] (4) as a child 29 
committed to the Commissioner of Social Services or Commissioner of 30 
Children and Families dies, leaving only personal estate, including 31 
personal assets owing and due the estate after death, not exceeding the 32 
aggregate value, as described in section 45a-273, as amended by this act, 33 
the Commissioner of Administrative Services or the commissioner's 34 
authorized representative shall [, upon filing] file with the [probate 35 
court] Probate Court having jurisdiction of such estate a certificate that 36 
the total estate is under the aggregate value, as described in section 45a-37 
273, as amended by this act, and the claim of the state for the cost of any 38 
care or support, required to be recovered under federal law or the 39 
provisions of 18-85c, together with the expense of last illness not 40 
exceeding three hundred seventy-five dollars and funeral and burial 41 
expenses in accordance with [section] sections 17b-84 and 17b-131, 42 
equals or exceeds the amount of such estate. [,] The commissioner shall 43 
be issued a certificate by said court that the commissioner is the legal 44 
representative of such estate only for the following purpose. The 45 
commissioner shall have authority to claim such estate, the 46 
commissioner's receipt for the same to be a valid discharge of the 47 
liability of any person turning over the same, and to settle the same by 48 
payment of the expense of last illness not exceeding three hundred 49 
seventy-five dollars, expense of funeral and burial in accordance with 50  Raised Bill No.  6416 
 
 
 
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[section] sections 17b-84 and 17b-131 and the remainder as partial or full 51 
reimbursement of the claim of the state only for amounts due under the 52 
provisions of section 18-85c or federal law for (A) care [or assistance] 53 
rendered to the decedent as described in subdivisions (2) to (4), 54 
inclusive, of this section, or (B) cash assistance or medical assistance the 55 
state is required to recover under federal law. The commissioner shall 56 
file with said probate court a statement of the settlement of such estate 57 
as herein provided.  58 
Sec. 3. Subsection (b) of section 17b-77 of the general statutes is 59 
repealed and the following is substituted in lieu thereof (Effective July 1, 60 
2021): 61 
(b) The Commissioner of Social Services shall notify each applicant 62 
for aid under the state supplement program, medical assistance 63 
program, temporary family assistance program and state-administered 64 
general assistance program of the provisions of sections 17b-93 to 17b-65 
97, inclusive, in general terms, at the time of application for such aid. 66 
The commissioner shall notify each person who may be liable for 67 
repayment of such aid, if known, of the provisions of sections 17b-93 to 68 
17b-97, inclusive, as amended by this act, in general terms, not later than 69 
thirty days after the applicant for such aid is determined to be eligible 70 
for such aid or, if not known at the time the applicant is determined to 71 
be eligible for such aid, [the department shall give such notice] not later 72 
than thirty days after the date on which the commissioner identifies 73 
such person as one who may be liable for repayment of such aid. The 74 
notice shall be (1) written in plain language, (2) in an easily readable and 75 
understandable format, and (3) whenever possible, in the first language 76 
of the applicant or person who may be liable for repayment of such aid.  77 
Sec. 4. Section 17b-79 of the general statutes is repealed and the 78 
following is substituted in lieu thereof (Effective July 1, 2021): 79 
(a) As used in this section, "cash assistance" means payments made 80 
to a beneficiary of the state supplement program, temporary family 81 
assistance program or the state-administered general assistance 82  Raised Bill No.  6416 
 
 
 
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program. No person shall be deemed ineligible to receive an award 83 
under the state supplement program, medical assistance program, 84 
temporary family assistance program, state-administered general 85 
assistance program or supplemental nutrition assistance program for 86 
himself or herself or for any person for whose support he or she is liable 87 
by reason of having an interest in real property, maintained as his or her 88 
home, provided the equity in such property [shall] does not exceed the 89 
limits established by the commissioner. The commissioner may place a 90 
lien against any property to secure the claim of the state for all amounts 91 
which it has paid or may thereafter pay to such person or in such 92 
person's behalf [under any such program, or] (1) for cash assistance or 93 
medical assistance, (2) to or on behalf of any person for whose support 94 
he or she is liable, [except for] or (3) for any medical assistance, provided 95 
that, for property valued at two hundred fifty thousand dollars or less, 96 
the commissioner may only recover amounts due for cash assistance or 97 
medical assistance required to be recovered under federal law. Such 98 
recovery shall not include property maintained as a home in aid to 99 
families of dependent children cases, in which case such lien shall secure 100 
the state only for that portion of the assistance grant awarded for 101 
amortization of a mortgage or other encumbrance beginning with the 102 
fifth month after the original grant for principal payment on any such 103 
encumbrance is made, and each succeeding month of such grant 104 
thereafter. The claim of the state shall be secured by filing a certificate in 105 
the land records of the town or towns in which any such real estate is 106 
situated, describing such real estate. Any such lien may, at any time 107 
during which the amount secured by such lien remains unpaid, be 108 
foreclosed in an action brought in a court of competent jurisdiction by 109 
the commissioner on behalf of the state. Any real estate to which title 110 
has been taken by foreclosure under this section, or which has been 111 
conveyed to the state in lieu of foreclosure, may be sold, transferred or 112 
conveyed for the state by the commissioner with the approval of the 113 
Attorney General, and the commissioner may, in the name of the state, 114 
execute deeds for such purpose. Such lien shall be released by the 115 
commissioner upon payment of the amount secured by such lien, or an 116 
amount equal to the value of the beneficiary's interest in such property 117  Raised Bill No.  6416 
 
 
 
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if the value of such interest is less than the amount secured by such lien, 118 
at the commissioner's discretion, and with the advice and consent of the 119 
Attorney General, upon a compromise of the amount due to the state. 120 
At the discretion of the commissioner, the beneficiary, or, in the case of 121 
a husband and wife living together, the survivor of them, as long as he 122 
or she lives, or a dependent child or children, may be permitted to 123 
occupy such real property.  124 
(b) On and after July 1, 2021, the state shall not recover cash assistance 125 
or medical assistance from a lien filed on any property valued at two 126 
hundred fifty thousand dollars or less, unless the state is required to 127 
recover such assistance under federal law. Any certificate or lien filed 128 
under this section by or on behalf of the state on such property prior to 129 
July 1, 2021, shall be released by the state if the recovery of such 130 
assistance is not required under federal law. 131 
Sec. 5. Section 17b-85 of the general statutes is repealed and the 132 
following is substituted in lieu thereof (Effective July 1, 2021): 133 
If any person receiving an award for the care of any dependent child 134 
or children, or any person legally liable for the support of such child or 135 
children, or any other person being supported wholly or in part under 136 
the provisions of the state supplement program, medical assistance 137 
program, temporary family assistance program or state-administered 138 
general assistance program or any beneficiary under such provisions or 139 
any legally liable relative of such beneficiary, receives property, wages, 140 
income or resources of any kind, such person or beneficiary, within ten 141 
days after obtaining knowledge of or receiving such property, wages, 142 
income or resources, shall notify the commissioner thereof, orally or in 143 
writing, unless good cause is established for failure to provide such 144 
notice, as determined by the commissioner. No such person or 145 
beneficiary shall sell, assign, transfer, encumber or otherwise dispose of 146 
any property without the consent of the commissioner unless such 147 
property is valued at two hundred fifty thousand dollars or less and 148 
such person has not received care or support payments the state is 149 
required to recover under federal law. The provisions of section 17b-137 150  Raised Bill No.  6416 
 
 
 
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shall be applicable with respect to any person applying for or receiving 151 
an award under such provisions. Except for the supplemental nutrition 152 
assistance program, any change in the information which has been 153 
furnished on an application form or a redetermination of eligibility form 154 
shall also be reported to the commissioner, orally or in writing, within 155 
ten days of the occurrence of such change, unless good cause is 156 
established for failure to provide such notice, as determined by the 157 
commissioner. For participants in the supplemental nutrition assistance 158 
program, the commissioner shall establish reporting requirements 159 
regarding such changes in information in accordance with applicable 160 
federal law, as may be amended from time to time.  161 
Sec. 6. Section 17b-93 of the general statutes is repealed and the 162 
following is substituted in lieu thereof (Effective July 1, 2021): 163 
(a) If a beneficiary of aid under the state supplement program, 164 
medical assistance program, aid to families with dependent children 165 
program, temporary family assistance program or state-administered 166 
general assistance program has or acquires property of any kind or 167 
interest in any property, estate or claim of any kind, except moneys 168 
received for the replacement of real or personal property, the state of 169 
Connecticut shall have a claim, subject to subsections (b) and (c) of this 170 
section and the provisions of section 17b-94, as amended by this act, 171 
which shall have priority over all other unsecured claims and 172 
unrecorded encumbrances, against such beneficiary for the full amount 173 
paid, [subject to the provisions of section 17b-94, to the beneficiary or on 174 
the beneficiary's behalf under said programs;] provided that the state's 175 
claim on such property, property interest, estate or claim of any kind 176 
valued at two hundred fifty thousand dollars or less shall not exceed the 177 
amount the state is required to recover under federal law, and, in 178 
addition thereto, the parents of an aid to dependent children 179 
beneficiary, a state-administered general assistance beneficiary or a 180 
temporary family assistance beneficiary shall be liable to repay, subject 181 
to the provisions of section 17b-94, to the state the full amount of any 182 
such aid paid to or on behalf of either parent, his or her spouse, and his 183 
or her dependent child or children, as defined in section 17b-75, to the 184  Raised Bill No.  6416 
 
 
 
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extent such payments are required to be recovered by the state under 185 
federal law or the value of such parent's property, property interest, 186 
estate or claim exceeds two hundred fifty thousand dollars. The state of 187 
Connecticut shall have a lien against property of any kind or interest in 188 
any property, estate or claim of any kind of the parents of an aid to 189 
dependent children, temporary family assistance or state administered 190 
general assistance beneficiary, in addition and not in substitution of [its] 191 
any other state claim, for amounts owing under any order for support 192 
of any court or any family support magistrate, including any arrearage 193 
under such order, provided household goods and other personal 194 
property identified in section 52-352b, real property pursuant to section 195 
17b-79, as amended by this act, as long as such property is used as a 196 
home for the beneficiary and money received for the replacement of real 197 
or personal property, shall be exempt from such lien. 198 
(b) Any person who received cash benefits under the aid to families 199 
with dependent children program, the temporary family assistance 200 
program or the state-administered general assistance program, when 201 
such person was under eighteen years of age, shall not be liable to repay 202 
the state for such assistance. 203 
(c) No claim, except a claim required to be made under federal law, 204 
shall be made, or lien applied, against any payment made pursuant to 205 
chapter 135, any payment made pursuant to section 47-88d or 47-287, 206 
any moneys received as a settlement or award in a housing or 207 
employment or public accommodation discrimination case, any court-208 
ordered retroactive rent abatement, including any made pursuant to 209 
subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or 210 
any security deposit refund pursuant to subsection (d) of section 47a-21 211 
paid to a beneficiary of assistance under the state supplement program, 212 
medical assistance program, aid to families with dependent children 213 
program, temporary family assistance program or state-administered 214 
general assistance program or paid to any person who has been 215 
supported wholly, or in part, by the state, in accordance with section 216 
17b-223, in a humane institution. 217  Raised Bill No.  6416 
 
 
 
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(d) Notwithstanding any provision of the general statutes, whenever 218 
funds are collected pursuant to this section or section 17b-94, as 219 
amended by this act, and the person who otherwise would have been 220 
entitled to such funds is subject to a court-ordered current or arrearage 221 
child support payment obligation in a IV-D support case, such funds 222 
shall first be paid to the state for reimbursement of Medicaid funds 223 
granted to such person for medical expenses incurred for injuries related 224 
to a legal claim by such person which was the subject of the state's lien 225 
and such funds shall then be paid to the Office of Child Support Services 226 
for distribution pursuant to the federally mandated child support 227 
distribution system implemented pursuant to subsection (j) of section 228 
17b-179. The remainder, if any, shall be paid to the state for payment of 229 
previously provided assistance [through the state supplement program, 230 
medical assistance program, aid to families with dependent children 231 
program, temporary family assistance program or state-administered 232 
general assistance program] that the state is required to recover under 233 
federal law or, if such recovery is not required under federal law, from 234 
property, a property interest, estate or claim of any kind that exceeds 235 
the value of two hundred fifty thousand dollars. 236 
(e) The Commissioner of Social Services shall adopt regulations, in 237 
accordance with chapter 54, establishing criteria and procedures for 238 
adjustment of the claim of the state of Connecticut against any parent 239 
liable for child support payments under subsection (a) of this section. 240 
The purpose of any such adjustment shall be to encourage the positive 241 
involvement of noncustodial parents in the lives of their children and to 242 
encourage noncustodial parents to begin making regular support 243 
payments.  244 
(f) On and after July 1, 2021, the state shall not recover cash assistance 245 
or medical assistance from a lien filed on any property, property 246 
interest, estate or claim of any kind valued at two hundred fifty 247 
thousand dollars or less, unless the state is required to recover such 248 
assistance under federal law. Any certificate or lien filed under this 249 
section by or on behalf of the state on such property, property interest, 250 
estate or claim of any kind prior to July 1, 2021, shall be released by the 251  Raised Bill No.  6416 
 
 
 
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state if the recovery of such assistance is not required under federal law. 252 
As used in this subsection, cash assistance means payments made to a 253 
beneficiary of the aid to families with dependent children program, the 254 
state-administered general assistance program, the state supplement 255 
program or the temporary family assistance program. 256 
Sec. 7. Section 17b-94 of the general statutes is repealed and the 257 
following is substituted in lieu thereof (Effective July 1, 2021): 258 
(a) In the case of causes of action of beneficiaries of aid under the state 259 
supplement program, medical assistance program, aid to families with 260 
dependent children program, temporary family assistance program or 261 
state-administered general assistance program, subject to subsections 262 
(b) and (c) of section 17b-93, as amended by this act, or of a parent liable 263 
to repay the state under the provisions of section 17b-93, as amended by 264 
this act, the claim of the state shall be a lien against the proceeds 265 
therefrom in the amount of the assistance paid or fifty per cent of the 266 
proceeds received by such beneficiary or such parent after payment of 267 
all expenses connected with the cause of action, whichever is less, for 268 
repayment under section 17b-93, [and shall have priority] provided the 269 
proceeds from the cause of action exceeds two hundred fifty thousand 270 
dollars or the state is required to recover all, or a portion of the proceeds, 271 
under federal law for the assistance paid. The state's claim shall have 272 
priority over all other claims except attorney's fees for said causes, 273 
expenses of suit, costs of hospitalization connected with the cause of 274 
action by whomever paid over and above hospital insurance or other 275 
such benefits, and, for such period of hospitalization as was not paid for 276 
by the state, physicians' fees for services during any such period as are 277 
connected with the cause of action over and above medical insurance or 278 
other such benefits; and such claim shall consist of the total assistance 279 
repayment for which claim may be made under said programs under 280 
the provisions of this section. The proceeds of such causes of action shall 281 
be assignable to the state for payment of the amount due under section 282 
17b-93, as amended by this act, subject to the provisions of this 283 
subsection, irrespective of any other provision of law. Upon 284 
presentation to the attorney for the beneficiary of an assignment of such 285  Raised Bill No.  6416 
 
 
 
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proceeds executed by the beneficiary or his conservator or guardian, 286 
such assignment shall constitute an irrevocable direction to the attorney 287 
to pay the Commissioner of Administrative Services in accordance with 288 
its terms, except if, after settlement of the cause of action or judgment 289 
thereon, the Commissioner of Administrative Services does not inform 290 
the attorney for the beneficiary of the amount of lien which is to be paid 291 
to the Commissioner of Administrative Services within forty-five days 292 
of receipt of the written request of such attorney for such information, 293 
such attorney may distribute such proceeds to such beneficiary and 294 
shall not be liable for any loss the state may sustain thereby. 295 
(b) In the case of an inheritance of an estate by a beneficiary of aid 296 
under the state supplement program, medical assistance program, aid 297 
to families with dependent children program, temporary family 298 
assistance program or state-administered general assistance program, 299 
subject to subsections (b) and (c) of section 17b-93, as amended by this 300 
act, or by a parent liable to repay the state under the provisions of 301 
section 17b-93, as amended by this act, fifty per cent of the assets of the 302 
estate payable to the beneficiary or such parent or the amount of such 303 
assets equal to the amount of assistance paid, provided the value of the 304 
estate exceeds two hundred fifty thousand dollars, or is otherwise 305 
required to be recovered by the state under federal law, whichever is 306 
less, shall be assignable to the state for payment of the amount due 307 
under section 17b-93, as amended by this act. The state shall have a lien 308 
against such assets in the applicable amount specified in this subsection. 309 
The [Court of Probate] Probate Court shall accept any such assignment 310 
executed by the beneficiary or parent or any such lien notice if such 311 
assignment or lien notice is filed by the Commissioner of Administrative 312 
Services with the court prior to the distribution of such inheritance, and 313 
to the extent of such inheritance not already distributed, the court shall 314 
order distribution in accordance with such assignment or lien notice. If 315 
the Commissioner of Administrative Services receives any assets of an 316 
estate pursuant to any such assignment, the commissioner shall be 317 
subject to the same duties and liabilities concerning such assigned assets 318 
as the beneficiary or parent.  319  Raised Bill No.  6416 
 
 
 
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(c) On and after July 1, 2021, the state shall not recover cash assistance 320 
or medical assistance from a lien filed on any property, property 321 
interest, proceeds from a cause of action or estate valued at two hundred 322 
fifty thousand dollars or less, unless the state is required to recover such 323 
assistance under federal law. Any certificate or lien filed under this 324 
section by or on behalf of the state on such property, property interest, 325 
proceeds from a cause of action or estate prior to July 1, 2021, shall be 326 
released by the state if the recovery of such assistance is not required 327 
under federal law. As used in this subsection, cash assistance means 328 
payments made to a beneficiary of the aid to families with dependent 329 
children program, the state-administered general assistance program, 330 
the state supplement program or the temporary family assistance 331 
program. 332 
Sec. 8. Section 17b-95 of the general statutes is repealed and the 333 
following is substituted in lieu thereof (Effective July 1, 2021): 334 
(a) As used in this section, "cash assistance" means payments made 335 
to a beneficiary under the state supplement program, aid to families 336 
with dependent children program, temporary family assistance 337 
program or state-administered general assistance program. Subject to 338 
the provisions of subsection (b) of this section, upon the death of a 339 
parent of a child who has, at any time, been a beneficiary under the 340 
program of aid to families with dependent children, the temporary 341 
family assistance program or the state-administered general assistance 342 
program, or upon the death of any person who has at any time been a 343 
beneficiary of aid under the state supplement program, medical 344 
assistance program, aid to families with dependent children program, 345 
temporary family assistance program or state-administered general 346 
assistance program, except as provided in subsection (b) of section 17b-347 
93, as amended by this act, the state shall have a claim against such 348 
parent's or [person's] beneficiary's estate for all [amounts paid on behalf 349 
of each such child or for the support of either parent or such child or 350 
such person under the state supplement program, medical assistance 351 
program, aid to families with dependent children program, temporary 352 
family assistance program or state-administered general assistance 353  Raised Bill No.  6416 
 
 
 
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program] cash assistance or medical assistance for which the state has 354 
not been reimbursed, to the extent that (1) the amount which the 355 
surviving spouse, parent or dependent children of the decedent would 356 
otherwise take from such estate is not needed for their support, (2) the 357 
value of the estate exceeds two hundred fifty thousand dollars, or (3) the 358 
state is required to recover such assistance under federal law. 359 
Notwithstanding the provisions of this subsection, effective for services 360 
provided on or after January 1, 2014, no state claim pursuant to this 361 
section shall be made against the estate of a recipient of medical 362 
assistance under the Medicaid Coverage for the Lowest Income 363 
Populations program, established pursuant to Section 364 
1902(a)(10)(A)(i)(VIII) of the Social Security Act, as amended from time 365 
to time, except to the extent required by federal law. 366 
(b) In the case of any person dying after October 1, 1959, the claim for 367 
medical payments, even though such payments were made prior 368 
thereto, shall be restricted to medical disbursements actually made for 369 
care of such deceased beneficiary. 370 
(c) Claims pursuant to this section shall have priority over all 371 
unsecured claims against such estate, except (1) expenses of last sickness 372 
not to exceed three hundred seventy-five dollars, (2) funeral and burial 373 
expenses in accordance with [section] sections 17b-84 and 17b-131, and 374 
(3) administrative expenses, including [probate fees and taxes, and] (A) 375 
taxes, and (B) probate fees, including fiduciary fees not exceeding the 376 
following commissions on the value of the whole estates accounted for 377 
by such fiduciaries: On the first two thousand dollars or portion thereof, 378 
five per cent; on the next eight thousand dollars or portion thereof, four 379 
per cent; on the excess over ten thousand dollars, three per cent. Upon 380 
petition by any fiduciary, the Probate Court, after a hearing thereon, 381 
may authorize compensation in excess of the above schedule for 382 
extraordinary services. Notice of any such petition and hearing shall be 383 
given to the Commissioner of Administrative Services in Hartford at 384 
least ten days in advance of such hearing. The allowable funeral and 385 
burial payment [herein] as provided in this section shall be reduced by 386 
the amount of any prepaid funeral arrangement. Any amount paid from 387  Raised Bill No.  6416 
 
 
 
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the estate under this section to any person which exceeds the limits 388 
provided [herein] in this section shall be repaid to the estate by such 389 
person, and such amount may be recovered in a civil action with interest 390 
at six per cent from the date of demand. 391 
(d) For purposes of this section, all sums due on or after July 1, 2003, 392 
to any individual after the death of a [public] cash assistance or medical 393 
assistance beneficiary from whom the state is required to recover such 394 
assistance under federal law, pursuant to the terms of an annuity 395 
contract purchased at any time with assets of [a public assistance] such 396 
beneficiary, shall be deemed to be part of the estate of the deceased 397 
beneficiary and shall be payable to the state by the recipient of such 398 
annuity payments to the extent [necessary to achieve full 399 
reimbursement of any public assistance benefits paid to, or on behalf of, 400 
the deceased beneficiary] such estate exceeds the value of two hundred 401 
fifty thousand dollars or such assistance is required to be recovered 402 
under federal law, irrespective of any provision of law. The recipient of 403 
beneficiary payments from any such annuity contract shall be solely 404 
liable to the state of Connecticut for reimbursement of [public 405 
assistance] cash assistance and medical assistance benefits paid to, or on 406 
behalf of, the deceased beneficiary that the state is required to recover 407 
under federal law, to the extent of any payments received by such 408 
recipient pursuant to the annuity contract.  409 
(e) On and after July 1, 2021, the state shall not recover cash assistance 410 
or medical assistance from a lien filed on any property or estate valued 411 
at two hundred fifty thousand dollars or less, unless the state is required 412 
to recover such assistance under federal law. Any certificate or lien filed 413 
under this section by or on behalf of the state on such property or estate 414 
prior to July 1, 2021, shall be released by the state if the recovery of such 415 
assistance is not required under federal law.  416 
Sec. 9. Section 17b-224 of the general statutes is repealed and the 417 
following is substituted in lieu thereof (Effective July 1, 2021): 418 
A patient who is receiving or has received care in a state humane 419  Raised Bill No.  6416 
 
 
 
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institution, his estate or both shall be liable to reimburse the state for any 420 
unpaid portion of per capita cost, [to the same extent as the liability of a 421 
public assistance beneficiary under sections 17b-93 and 17b-95,] subject 422 
to the same protection of a surviving spouse or dependent child as is 423 
provided in section 17b-95, as amended by this act, [and subject to the 424 
same limitations and the same assignment and lien rights as provided 425 
in section 17b-94] provided the unpaid portion is required to be 426 
recovered under federal law or the value of the patient's assets or estate 427 
exceeds two hundred fifty thousand dollars. 428 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2021 4a-13 
Sec. 2 July 1, 2021 4a-16 
Sec. 3 July 1, 2021 17b-77(b) 
Sec. 4 July 1, 2021 17b-79 
Sec. 5 July 1, 2021 17b-85 
Sec. 6 July 1, 2021 17b-93 
Sec. 7 July 1, 2021 17b-94 
Sec. 8 July 1, 2021 17b-95 
Sec. 9 July 1, 2021 17b-224 
 
Statement of Purpose:   
To eliminate state recovery of public assistance payments from assets 
and estates valued at two hundred fifty thousand dollars or less except 
as required under federal law. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]