Connecticut 2021 Regular Session

Connecticut House Bill HB06416 Compare Versions

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

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7	7	LCO No. 3159 1 of 14
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9	9	General Assembly Raised Bill No. 6416
10	10	January Session, 2021
11	11	LCO No. 3159
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13	13
14	14	Referred to Committee on HUMAN SERVICES
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16	16
17	17	Introduced by:
18	18	(HS)
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20	20
21	21	AN ACT CONCERNING TH E REMOVAL OF LIENS ON THE
22	22	PROPERTY OF PUBLIC A SSISTANCE BENEFICIARIES.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. Section 4a-13 of the general statutes is repealed and the 1
27	27	following is substituted in lieu thereof (Effective July 1, 2021): 2
28	28	(a) As used in this section and section 4a-16, as amended by this act, 3
29	29	"cash assistance" means payments made to a beneficiary of the aid to 4
30	30	families with dependent children program, the state-administered 5
31	31	general assistance program, the state supplement program or the 6
32	32	temporary family assistance program. 7
33	33	(b) The Commissioner of Administrative Services may accept 8
34	34	mortgage notes and mortgage deeds in payment of claims due for 9
35	35	[welfare assistance or] (1) institutional care [,] in state humane 10
36	36	institutions, as defined in section 17b-222, or correctional institutions 11
37	37	administered by the Commissioner of Correction, and (2) cash 12
38	38	assistance and medical assistance, provided that no such claims shall be 13
39	39	due and payable from mortgage notes and mortgage deeds valued at 14
40	40	two hundred fifty thousand dollars or less unless required under federal 15
41	41	law or the provisions of section 18-85c. The commissioner may accept 16 Raised Bill No. 6416
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43	43
44	44
45	45	LCO No. 3159 2 of 14
46	46
47	47	such mortgage notes and mortgage deeds on such terms and conditions 17
48	48	as the commissioner deems proper and reasonable, and such 18
49	49	encumbrances may be foreclosed in an action brought in a court of 19
50	50	competent jurisdiction by the commissioner on behalf of the state. Any 20
51	51	such encumbrance shall be released by the commissioner upon payment 21
52	52	of the amount by it secured. 22
53	53	Sec. 2. Section 4a-16 of the general statutes is repealed and the 23
54	54	following is substituted in lieu thereof (Effective July 1, 2021): 24
55	55	When any person supported or cared for by the state (1) under a 25
56	56	program of [public] cash assistance or medical assistance, [or] (2) in an 26
57	57	institution maintained by the Department of Developmental Services or 27
58	58	Department of Mental Health and Addiction Services, [or] (3) when an 28
59	59	inmate of the Department of Correction, or [when any] (4) as a child 29
60	60	committed to the Commissioner of Social Services or Commissioner of 30
61	61	Children and Families dies, leaving only personal estate, including 31
62	62	personal assets owing and due the estate after death, not exceeding the 32
63	63	aggregate value, as described in section 45a-273, as amended by this act, 33
64	64	the Commissioner of Administrative Services or the commissioner's 34
65	65	authorized representative shall [, upon filing] file with the [probate 35
66	66	court] Probate Court having jurisdiction of such estate a certificate that 36
67	67	the total estate is under the aggregate value, as described in section 45a-37
68	68	273, as amended by this act, and the claim of the state for the cost of any 38
69	69	care or support, required to be recovered under federal law or the 39
70	70	provisions of 18-85c, together with the expense of last illness not 40
71	71	exceeding three hundred seventy-five dollars and funeral and burial 41
72	72	expenses in accordance with [section] sections 17b-84 and 17b-131, 42
73	73	equals or exceeds the amount of such estate. [,] The commissioner shall 43
74	74	be issued a certificate by said court that the commissioner is the legal 44
75	75	representative of such estate only for the following purpose. The 45
76	76	commissioner shall have authority to claim such estate, the 46
77	77	commissioner's receipt for the same to be a valid discharge of the 47
78	78	liability of any person turning over the same, and to settle the same by 48
79	79	payment of the expense of last illness not exceeding three hundred 49
80	80	seventy-five dollars, expense of funeral and burial in accordance with 50 Raised Bill No. 6416
81	81
82	82
83	83
84	84	LCO No. 3159 3 of 14
85	85
86	86	[section] sections 17b-84 and 17b-131 and the remainder as partial or full 51
87	87	reimbursement of the claim of the state only for amounts due under the 52
88	88	provisions of section 18-85c or federal law for (A) care [or assistance] 53
89	89	rendered to the decedent as described in subdivisions (2) to (4), 54
90	90	inclusive, of this section, or (B) cash assistance or medical assistance the 55
91	91	state is required to recover under federal law. The commissioner shall 56
92	92	file with said probate court a statement of the settlement of such estate 57
93	93	as herein provided. 58
94	94	Sec. 3. Subsection (b) of section 17b-77 of the general statutes is 59
95	95	repealed and the following is substituted in lieu thereof (Effective July 1, 60
96	96	2021): 61
97	97	(b) The Commissioner of Social Services shall notify each applicant 62
98	98	for aid under the state supplement program, medical assistance 63
99	99	program, temporary family assistance program and state-administered 64
100	100	general assistance program of the provisions of sections 17b-93 to 17b-65
101	101	97, inclusive, in general terms, at the time of application for such aid. 66
102	102	The commissioner shall notify each person who may be liable for 67
103	103	repayment of such aid, if known, of the provisions of sections 17b-93 to 68
104	104	17b-97, inclusive, as amended by this act, in general terms, not later than 69
105	105	thirty days after the applicant for such aid is determined to be eligible 70
106	106	for such aid or, if not known at the time the applicant is determined to 71
107	107	be eligible for such aid, [the department shall give such notice] not later 72
108	108	than thirty days after the date on which the commissioner identifies 73
109	109	such person as one who may be liable for repayment of such aid. The 74
110	110	notice shall be (1) written in plain language, (2) in an easily readable and 75
111	111	understandable format, and (3) whenever possible, in the first language 76
112	112	of the applicant or person who may be liable for repayment of such aid. 77
113	113	Sec. 4. Section 17b-79 of the general statutes is repealed and the 78
114	114	following is substituted in lieu thereof (Effective July 1, 2021): 79
115	115	(a) As used in this section, "cash assistance" means payments made 80
116	116	to a beneficiary of the state supplement program, temporary family 81
117	117	assistance program or the state-administered general assistance 82 Raised Bill No. 6416
118	118
119	119
120	120
121	121	LCO No. 3159 4 of 14
122	122
123	123	program. No person shall be deemed ineligible to receive an award 83
124	124	under the state supplement program, medical assistance program, 84
125	125	temporary family assistance program, state-administered general 85
126	126	assistance program or supplemental nutrition assistance program for 86
127	127	himself or herself or for any person for whose support he or she is liable 87
128	128	by reason of having an interest in real property, maintained as his or her 88
129	129	home, provided the equity in such property [shall] does not exceed the 89
130	130	limits established by the commissioner. The commissioner may place a 90
131	131	lien against any property to secure the claim of the state for all amounts 91
132	132	which it has paid or may thereafter pay to such person or in such 92
133	133	person's behalf [under any such program, or] (1) for cash assistance or 93
134	134	medical assistance, (2) to or on behalf of any person for whose support 94
135	135	he or she is liable, [except for] or (3) for any medical assistance, provided 95
136	136	that, for property valued at two hundred fifty thousand dollars or less, 96
137	137	the commissioner may only recover amounts due for cash assistance or 97
138	138	medical assistance required to be recovered under federal law. Such 98
139	139	recovery shall not include property maintained as a home in aid to 99
140	140	families of dependent children cases, in which case such lien shall secure 100
141	141	the state only for that portion of the assistance grant awarded for 101
142	142	amortization of a mortgage or other encumbrance beginning with the 102
143	143	fifth month after the original grant for principal payment on any such 103
144	144	encumbrance is made, and each succeeding month of such grant 104
145	145	thereafter. The claim of the state shall be secured by filing a certificate in 105
146	146	the land records of the town or towns in which any such real estate is 106
147	147	situated, describing such real estate. Any such lien may, at any time 107
148	148	during which the amount secured by such lien remains unpaid, be 108
149	149	foreclosed in an action brought in a court of competent jurisdiction by 109
150	150	the commissioner on behalf of the state. Any real estate to which title 110
151	151	has been taken by foreclosure under this section, or which has been 111
152	152	conveyed to the state in lieu of foreclosure, may be sold, transferred or 112
153	153	conveyed for the state by the commissioner with the approval of the 113
154	154	Attorney General, and the commissioner may, in the name of the state, 114
155	155	execute deeds for such purpose. Such lien shall be released by the 115
156	156	commissioner upon payment of the amount secured by such lien, or an 116
157	157	amount equal to the value of the beneficiary's interest in such property 117 Raised Bill No. 6416
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159	159
160	160
161	161	LCO No. 3159 5 of 14
162	162
163	163	if the value of such interest is less than the amount secured by such lien, 118
164	164	at the commissioner's discretion, and with the advice and consent of the 119
165	165	Attorney General, upon a compromise of the amount due to the state. 120
166	166	At the discretion of the commissioner, the beneficiary, or, in the case of 121
167	167	a husband and wife living together, the survivor of them, as long as he 122
168	168	or she lives, or a dependent child or children, may be permitted to 123
169	169	occupy such real property. 124
170	170	(b) On and after July 1, 2021, the state shall not recover cash assistance 125
171	171	or medical assistance from a lien filed on any property valued at two 126
172	172	hundred fifty thousand dollars or less, unless the state is required to 127
173	173	recover such assistance under federal law. Any certificate or lien filed 128
174	174	under this section by or on behalf of the state on such property prior to 129
175	175	July 1, 2021, shall be released by the state if the recovery of such 130
176	176	assistance is not required under federal law. 131
177	177	Sec. 5. Section 17b-85 of the general statutes is repealed and the 132
178	178	following is substituted in lieu thereof (Effective July 1, 2021): 133
179	179	If any person receiving an award for the care of any dependent child 134
180	180	or children, or any person legally liable for the support of such child or 135
181	181	children, or any other person being supported wholly or in part under 136
182	182	the provisions of the state supplement program, medical assistance 137
183	183	program, temporary family assistance program or state-administered 138
184	184	general assistance program or any beneficiary under such provisions or 139
185	185	any legally liable relative of such beneficiary, receives property, wages, 140
186	186	income or resources of any kind, such person or beneficiary, within ten 141
187	187	days after obtaining knowledge of or receiving such property, wages, 142
188	188	income or resources, shall notify the commissioner thereof, orally or in 143
189	189	writing, unless good cause is established for failure to provide such 144
190	190	notice, as determined by the commissioner. No such person or 145
191	191	beneficiary shall sell, assign, transfer, encumber or otherwise dispose of 146
192	192	any property without the consent of the commissioner unless such 147
193	193	property is valued at two hundred fifty thousand dollars or less and 148
194	194	such person has not received care or support payments the state is 149
195	195	required to recover under federal law. The provisions of section 17b-137 150 Raised Bill No. 6416
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197	197
198	198
199	199	LCO No. 3159 6 of 14
200	200
201	201	shall be applicable with respect to any person applying for or receiving 151
202	202	an award under such provisions. Except for the supplemental nutrition 152
203	203	assistance program, any change in the information which has been 153
204	204	furnished on an application form or a redetermination of eligibility form 154
205	205	shall also be reported to the commissioner, orally or in writing, within 155
206	206	ten days of the occurrence of such change, unless good cause is 156
207	207	established for failure to provide such notice, as determined by the 157
208	208	commissioner. For participants in the supplemental nutrition assistance 158
209	209	program, the commissioner shall establish reporting requirements 159
210	210	regarding such changes in information in accordance with applicable 160
211	211	federal law, as may be amended from time to time. 161
212	212	Sec. 6. Section 17b-93 of the general statutes is repealed and the 162
213	213	following is substituted in lieu thereof (Effective July 1, 2021): 163
214	214	(a) If a beneficiary of aid under the state supplement program, 164
215	215	medical assistance program, aid to families with dependent children 165
216	216	program, temporary family assistance program or state-administered 166
217	217	general assistance program has or acquires property of any kind or 167
218	218	interest in any property, estate or claim of any kind, except moneys 168
219	219	received for the replacement of real or personal property, the state of 169
220	220	Connecticut shall have a claim, subject to subsections (b) and (c) of this 170
221	221	section and the provisions of section 17b-94, as amended by this act, 171
222	222	which shall have priority over all other unsecured claims and 172
223	223	unrecorded encumbrances, against such beneficiary for the full amount 173
224	224	paid, [subject to the provisions of section 17b-94, to the beneficiary or on 174
225	225	the beneficiary's behalf under said programs;] provided that the state's 175
226	226	claim on such property, property interest, estate or claim of any kind 176
227	227	valued at two hundred fifty thousand dollars or less shall not exceed the 177
228	228	amount the state is required to recover under federal law, and, in 178
229	229	addition thereto, the parents of an aid to dependent children 179
230	230	beneficiary, a state-administered general assistance beneficiary or a 180
231	231	temporary family assistance beneficiary shall be liable to repay, subject 181
232	232	to the provisions of section 17b-94, to the state the full amount of any 182
233	233	such aid paid to or on behalf of either parent, his or her spouse, and his 183
234	234	or her dependent child or children, as defined in section 17b-75, to the 184 Raised Bill No. 6416
235	235
236	236
237	237
238	238	LCO No. 3159 7 of 14
239	239
240	240	extent such payments are required to be recovered by the state under 185
241	241	federal law or the value of such parent's property, property interest, 186
242	242	estate or claim exceeds two hundred fifty thousand dollars. The state of 187
243	243	Connecticut shall have a lien against property of any kind or interest in 188
244	244	any property, estate or claim of any kind of the parents of an aid to 189
245	245	dependent children, temporary family assistance or state administered 190
246	246	general assistance beneficiary, in addition and not in substitution of [its] 191
247	247	any other state claim, for amounts owing under any order for support 192
248	248	of any court or any family support magistrate, including any arrearage 193
249	249	under such order, provided household goods and other personal 194
250	250	property identified in section 52-352b, real property pursuant to section 195
251	251	17b-79, as amended by this act, as long as such property is used as a 196
252	252	home for the beneficiary and money received for the replacement of real 197
253	253	or personal property, shall be exempt from such lien. 198
254	254	(b) Any person who received cash benefits under the aid to families 199
255	255	with dependent children program, the temporary family assistance 200
256	256	program or the state-administered general assistance program, when 201
257	257	such person was under eighteen years of age, shall not be liable to repay 202
258	258	the state for such assistance. 203
259	259	(c) No claim, except a claim required to be made under federal law, 204
260	260	shall be made, or lien applied, against any payment made pursuant to 205
261	261	chapter 135, any payment made pursuant to section 47-88d or 47-287, 206
262	262	any moneys received as a settlement or award in a housing or 207
263	263	employment or public accommodation discrimination case, any court-208
264	264	ordered retroactive rent abatement, including any made pursuant to 209
265	265	subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or 210
266	266	any security deposit refund pursuant to subsection (d) of section 47a-21 211
267	267	paid to a beneficiary of assistance under the state supplement program, 212
268	268	medical assistance program, aid to families with dependent children 213
269	269	program, temporary family assistance program or state-administered 214
270	270	general assistance program or paid to any person who has been 215
271	271	supported wholly, or in part, by the state, in accordance with section 216
272	272	17b-223, in a humane institution. 217 Raised Bill No. 6416
273	273
274	274
275	275
276	276	LCO No. 3159 8 of 14
277	277
278	278	(d) Notwithstanding any provision of the general statutes, whenever 218
279	279	funds are collected pursuant to this section or section 17b-94, as 219
280	280	amended by this act, and the person who otherwise would have been 220
281	281	entitled to such funds is subject to a court-ordered current or arrearage 221
282	282	child support payment obligation in a IV-D support case, such funds 222
283	283	shall first be paid to the state for reimbursement of Medicaid funds 223
284	284	granted to such person for medical expenses incurred for injuries related 224
285	285	to a legal claim by such person which was the subject of the state's lien 225
286	286	and such funds shall then be paid to the Office of Child Support Services 226
287	287	for distribution pursuant to the federally mandated child support 227
288	288	distribution system implemented pursuant to subsection (j) of section 228
289	289	17b-179. The remainder, if any, shall be paid to the state for payment of 229
290	290	previously provided assistance [through the state supplement program, 230
291	291	medical assistance program, aid to families with dependent children 231
292	292	program, temporary family assistance program or state-administered 232
293	293	general assistance program] that the state is required to recover under 233
294	294	federal law or, if such recovery is not required under federal law, from 234
295	295	property, a property interest, estate or claim of any kind that exceeds 235
296	296	the value of two hundred fifty thousand dollars. 236
297	297	(e) The Commissioner of Social Services shall adopt regulations, in 237
298	298	accordance with chapter 54, establishing criteria and procedures for 238
299	299	adjustment of the claim of the state of Connecticut against any parent 239
300	300	liable for child support payments under subsection (a) of this section. 240
301	301	The purpose of any such adjustment shall be to encourage the positive 241
302	302	involvement of noncustodial parents in the lives of their children and to 242
303	303	encourage noncustodial parents to begin making regular support 243
304	304	payments. 244
305	305	(f) On and after July 1, 2021, the state shall not recover cash assistance 245
306	306	or medical assistance from a lien filed on any property, property 246
307	307	interest, estate or claim of any kind valued at two hundred fifty 247
308	308	thousand dollars or less, unless the state is required to recover such 248
309	309	assistance under federal law. Any certificate or lien filed under this 249
310	310	section by or on behalf of the state on such property, property interest, 250
311	311	estate or claim of any kind prior to July 1, 2021, shall be released by the 251 Raised Bill No. 6416
312	312
313	313
314	314
315	315	LCO No. 3159 9 of 14
316	316
317	317	state if the recovery of such assistance is not required under federal law. 252
318	318	As used in this subsection, cash assistance means payments made to a 253
319	319	beneficiary of the aid to families with dependent children program, the 254
320	320	state-administered general assistance program, the state supplement 255
321	321	program or the temporary family assistance program. 256
322	322	Sec. 7. Section 17b-94 of the general statutes is repealed and the 257
323	323	following is substituted in lieu thereof (Effective July 1, 2021): 258
324	324	(a) In the case of causes of action of beneficiaries of aid under the state 259
325	325	supplement program, medical assistance program, aid to families with 260
326	326	dependent children program, temporary family assistance program or 261
327	327	state-administered general assistance program, subject to subsections 262
328	328	(b) and (c) of section 17b-93, as amended by this act, or of a parent liable 263
329	329	to repay the state under the provisions of section 17b-93, as amended by 264
330	330	this act, the claim of the state shall be a lien against the proceeds 265
331	331	therefrom in the amount of the assistance paid or fifty per cent of the 266
332	332	proceeds received by such beneficiary or such parent after payment of 267
333	333	all expenses connected with the cause of action, whichever is less, for 268
334	334	repayment under section 17b-93, [and shall have priority] provided the 269
335	335	proceeds from the cause of action exceeds two hundred fifty thousand 270
336	336	dollars or the state is required to recover all, or a portion of the proceeds, 271
337	337	under federal law for the assistance paid. The state's claim shall have 272
338	338	priority over all other claims except attorney's fees for said causes, 273
339	339	expenses of suit, costs of hospitalization connected with the cause of 274
340	340	action by whomever paid over and above hospital insurance or other 275
341	341	such benefits, and, for such period of hospitalization as was not paid for 276
342	342	by the state, physicians' fees for services during any such period as are 277
343	343	connected with the cause of action over and above medical insurance or 278
344	344	other such benefits; and such claim shall consist of the total assistance 279
345	345	repayment for which claim may be made under said programs under 280
346	346	the provisions of this section. The proceeds of such causes of action shall 281
347	347	be assignable to the state for payment of the amount due under section 282
348	348	17b-93, as amended by this act, subject to the provisions of this 283
349	349	subsection, irrespective of any other provision of law. Upon 284
350	350	presentation to the attorney for the beneficiary of an assignment of such 285 Raised Bill No. 6416
351	351
352	352
353	353
354	354	LCO No. 3159 10 of 14
355	355
356	356	proceeds executed by the beneficiary or his conservator or guardian, 286
357	357	such assignment shall constitute an irrevocable direction to the attorney 287
358	358	to pay the Commissioner of Administrative Services in accordance with 288
359	359	its terms, except if, after settlement of the cause of action or judgment 289
360	360	thereon, the Commissioner of Administrative Services does not inform 290
361	361	the attorney for the beneficiary of the amount of lien which is to be paid 291
362	362	to the Commissioner of Administrative Services within forty-five days 292
363	363	of receipt of the written request of such attorney for such information, 293
364	364	such attorney may distribute such proceeds to such beneficiary and 294
365	365	shall not be liable for any loss the state may sustain thereby. 295
366	366	(b) In the case of an inheritance of an estate by a beneficiary of aid 296
367	367	under the state supplement program, medical assistance program, aid 297
368	368	to families with dependent children program, temporary family 298
369	369	assistance program or state-administered general assistance program, 299
370	370	subject to subsections (b) and (c) of section 17b-93, as amended by this 300
371	371	act, or by a parent liable to repay the state under the provisions of 301
372	372	section 17b-93, as amended by this act, fifty per cent of the assets of the 302
373	373	estate payable to the beneficiary or such parent or the amount of such 303
374	374	assets equal to the amount of assistance paid, provided the value of the 304
375	375	estate exceeds two hundred fifty thousand dollars, or is otherwise 305
376	376	required to be recovered by the state under federal law, whichever is 306
377	377	less, shall be assignable to the state for payment of the amount due 307
378	378	under section 17b-93, as amended by this act. The state shall have a lien 308
379	379	against such assets in the applicable amount specified in this subsection. 309
380	380	The [Court of Probate] Probate Court shall accept any such assignment 310
381	381	executed by the beneficiary or parent or any such lien notice if such 311
382	382	assignment or lien notice is filed by the Commissioner of Administrative 312
383	383	Services with the court prior to the distribution of such inheritance, and 313
384	384	to the extent of such inheritance not already distributed, the court shall 314
385	385	order distribution in accordance with such assignment or lien notice. If 315
386	386	the Commissioner of Administrative Services receives any assets of an 316
387	387	estate pursuant to any such assignment, the commissioner shall be 317
388	388	subject to the same duties and liabilities concerning such assigned assets 318
389	389	as the beneficiary or parent. 319 Raised Bill No. 6416
390	390
391	391
392	392
393	393	LCO No. 3159 11 of 14
394	394
395	395	(c) On and after July 1, 2021, the state shall not recover cash assistance 320
396	396	or medical assistance from a lien filed on any property, property 321
397	397	interest, proceeds from a cause of action or estate valued at two hundred 322
398	398	fifty thousand dollars or less, unless the state is required to recover such 323
399	399	assistance under federal law. Any certificate or lien filed under this 324
400	400	section by or on behalf of the state on such property, property interest, 325
401	401	proceeds from a cause of action or estate prior to July 1, 2021, shall be 326
402	402	released by the state if the recovery of such assistance is not required 327
403	403	under federal law. As used in this subsection, cash assistance means 328
404	404	payments made to a beneficiary of the aid to families with dependent 329
405	405	children program, the state-administered general assistance program, 330
406	406	the state supplement program or the temporary family assistance 331
407	407	program. 332
408	408	Sec. 8. Section 17b-95 of the general statutes is repealed and the 333
409	409	following is substituted in lieu thereof (Effective July 1, 2021): 334
410	410	(a) As used in this section, "cash assistance" means payments made 335
411	411	to a beneficiary under the state supplement program, aid to families 336
412	412	with dependent children program, temporary family assistance 337
413	413	program or state-administered general assistance program. Subject to 338
414	414	the provisions of subsection (b) of this section, upon the death of a 339
415	415	parent of a child who has, at any time, been a beneficiary under the 340
416	416	program of aid to families with dependent children, the temporary 341
417	417	family assistance program or the state-administered general assistance 342
418	418	program, or upon the death of any person who has at any time been a 343
419	419	beneficiary of aid under the state supplement program, medical 344
420	420	assistance program, aid to families with dependent children program, 345
421	421	temporary family assistance program or state-administered general 346
422	422	assistance program, except as provided in subsection (b) of section 17b-347
423	423	93, as amended by this act, the state shall have a claim against such 348
424	424	parent's or [person's] beneficiary's estate for all [amounts paid on behalf 349
425	425	of each such child or for the support of either parent or such child or 350
426	426	such person under the state supplement program, medical assistance 351
427	427	program, aid to families with dependent children program, temporary 352
428	428	family assistance program or state-administered general assistance 353 Raised Bill No. 6416
429	429
430	430
431	431
432	432	LCO No. 3159 12 of 14
433	433
434	434	program] cash assistance or medical assistance for which the state has 354
435	435	not been reimbursed, to the extent that (1) the amount which the 355
436	436	surviving spouse, parent or dependent children of the decedent would 356
437	437	otherwise take from such estate is not needed for their support, (2) the 357
438	438	value of the estate exceeds two hundred fifty thousand dollars, or (3) the 358
439	439	state is required to recover such assistance under federal law. 359
440	440	Notwithstanding the provisions of this subsection, effective for services 360
441	441	provided on or after January 1, 2014, no state claim pursuant to this 361
442	442	section shall be made against the estate of a recipient of medical 362
443	443	assistance under the Medicaid Coverage for the Lowest Income 363
444	444	Populations program, established pursuant to Section 364
445	445	1902(a)(10)(A)(i)(VIII) of the Social Security Act, as amended from time 365
446	446	to time, except to the extent required by federal law. 366
447	447	(b) In the case of any person dying after October 1, 1959, the claim for 367
448	448	medical payments, even though such payments were made prior 368
449	449	thereto, shall be restricted to medical disbursements actually made for 369
450	450	care of such deceased beneficiary. 370
451	451	(c) Claims pursuant to this section shall have priority over all 371
452	452	unsecured claims against such estate, except (1) expenses of last sickness 372
453	453	not to exceed three hundred seventy-five dollars, (2) funeral and burial 373
454	454	expenses in accordance with [section] sections 17b-84 and 17b-131, and 374
455	455	(3) administrative expenses, including [probate fees and taxes, and] (A) 375
456	456	taxes, and (B) probate fees, including fiduciary fees not exceeding the 376
457	457	following commissions on the value of the whole estates accounted for 377
458	458	by such fiduciaries: On the first two thousand dollars or portion thereof, 378
459	459	five per cent; on the next eight thousand dollars or portion thereof, four 379
460	460	per cent; on the excess over ten thousand dollars, three per cent. Upon 380
461	461	petition by any fiduciary, the Probate Court, after a hearing thereon, 381
462	462	may authorize compensation in excess of the above schedule for 382
463	463	extraordinary services. Notice of any such petition and hearing shall be 383
464	464	given to the Commissioner of Administrative Services in Hartford at 384
465	465	least ten days in advance of such hearing. The allowable funeral and 385
466	466	burial payment [herein] as provided in this section shall be reduced by 386
467	467	the amount of any prepaid funeral arrangement. Any amount paid from 387 Raised Bill No. 6416
468	468
469	469
470	470
471	471	LCO No. 3159 13 of 14
472	472
473	473	the estate under this section to any person which exceeds the limits 388
474	474	provided [herein] in this section shall be repaid to the estate by such 389
475	475	person, and such amount may be recovered in a civil action with interest 390
476	476	at six per cent from the date of demand. 391
477	477	(d) For purposes of this section, all sums due on or after July 1, 2003, 392
478	478	to any individual after the death of a [public] cash assistance or medical 393
479	479	assistance beneficiary from whom the state is required to recover such 394
480	480	assistance under federal law, pursuant to the terms of an annuity 395
481	481	contract purchased at any time with assets of [a public assistance] such 396
482	482	beneficiary, shall be deemed to be part of the estate of the deceased 397
483	483	beneficiary and shall be payable to the state by the recipient of such 398
484	484	annuity payments to the extent [necessary to achieve full 399
485	485	reimbursement of any public assistance benefits paid to, or on behalf of, 400
486	486	the deceased beneficiary] such estate exceeds the value of two hundred 401
487	487	fifty thousand dollars or such assistance is required to be recovered 402
488	488	under federal law, irrespective of any provision of law. The recipient of 403
489	489	beneficiary payments from any such annuity contract shall be solely 404
490	490	liable to the state of Connecticut for reimbursement of [public 405
491	491	assistance] cash assistance and medical assistance benefits paid to, or on 406
492	492	behalf of, the deceased beneficiary that the state is required to recover 407
493	493	under federal law, to the extent of any payments received by such 408
494	494	recipient pursuant to the annuity contract. 409
495	495	(e) On and after July 1, 2021, the state shall not recover cash assistance 410
496	496	or medical assistance from a lien filed on any property or estate valued 411
497	497	at two hundred fifty thousand dollars or less, unless the state is required 412
498	498	to recover such assistance under federal law. Any certificate or lien filed 413
499	499	under this section by or on behalf of the state on such property or estate 414
500	500	prior to July 1, 2021, shall be released by the state if the recovery of such 415
501	501	assistance is not required under federal law. 416
502	502	Sec. 9. Section 17b-224 of the general statutes is repealed and the 417
503	503	following is substituted in lieu thereof (Effective July 1, 2021): 418
504	504	A patient who is receiving or has received care in a state humane 419 Raised Bill No. 6416
505	505
506	506
507	507
508	508	LCO No. 3159 14 of 14
509	509
510	510	institution, his estate or both shall be liable to reimburse the state for any 420
511	511	unpaid portion of per capita cost, [to the same extent as the liability of a 421
512	512	public assistance beneficiary under sections 17b-93 and 17b-95,] subject 422
513	513	to the same protection of a surviving spouse or dependent child as is 423
514	514	provided in section 17b-95, as amended by this act, [and subject to the 424
515	515	same limitations and the same assignment and lien rights as provided 425
516	516	in section 17b-94] provided the unpaid portion is required to be 426
517	517	recovered under federal law or the value of the patient's assets or estate 427
518	518	exceeds two hundred fifty thousand dollars. 428
519	519	This act shall take effect as follows and shall amend the following
520	520	sections:
521	521
522	522	Section 1 July 1, 2021 4a-13
523	523	Sec. 2 July 1, 2021 4a-16
524	524	Sec. 3 July 1, 2021 17b-77(b)
525	525	Sec. 4 July 1, 2021 17b-79
526	526	Sec. 5 July 1, 2021 17b-85
527	527	Sec. 6 July 1, 2021 17b-93
528	528	Sec. 7 July 1, 2021 17b-94
529	529	Sec. 8 July 1, 2021 17b-95
530	530	Sec. 9 July 1, 2021 17b-224
531	531
532	532	Statement of Purpose:
533	533	To eliminate state recovery of public assistance payments from assets
534	534	and estates valued at two hundred fifty thousand dollars or less except
535	535	as required under federal law.
536	536	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
537	537	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
538	538	underlined.]
539	539