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General Assembly Raised Bill No. 6469
January Session, 2021
LCO No. 3477
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING TH E CONNECTICUT HOME -CARE PROGRAM
FOR THE ELDERLY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (i) and (j) of section 17b-342 of the general 1
statutes are repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2021): 3
(i) (1) On and after July 1, 2015, the Commissioner of Social Services 4
shall, within available appropriations, administer a state-funded 5
portion of the program for persons (A) who are sixty-five years of age 6
and older; (B) who are inappropriately institutionalized or at risk of 7
inappropriate institutionalization; (C) whose income is less than or 8
equal to the amount allowed under subdivision (3) of subsection (a) of 9
this section; and (D) whose assets, if single, do not exceed one hundred 10
fifty per cent of the federal minimum community spouse protected 11
amount pursuant to 42 USC 1396r-5(f)(2) or, if married, the couple's 12
assets do not exceed two hundred per cent of said community spouse 13
protected amount. For program applications received by the 14
Department of Social Services for the fiscal years ending June 30, 2016, 15 Raised Bill No. 6469
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and June 30, 2017, only persons who require the level of care provided 16
in a nursing home shall be eligible for the state-funded portion of the 17
program, except for persons residing in affordable housing under the 18
assisted living demonstration project established pursuant to section 19
17b-347e who are otherwise eligible in accordance with this section. 20
[(2) Except for persons residing in affordable housing under the 21
assisted living demonstration project established pursuant to section 22
17b-347e, as provided in subdivision (3) of this subsection, any person 23
whose income is at or below two hundred per cent of the federal poverty 24
level and who is ineligible for Medicaid shall contribute nine per cent of 25
the cost of his or her care. Any person whose income exceeds two 26
hundred per cent of the federal poverty level shall contribute nine per 27
cent of the cost of his or her care in addition to the amount of applied 28
income determined in accordance with the methodology established by 29
the Department of Social Services for recipients of medical assistance. 30
Any person who does not contribute to the cost of care in accordance 31
with this subdivision shall be ineligible to receive services under this 32
subsection. Notwithstanding any provision of sections 17b-60 and 17b-33
61, the department shall not be required to provide an administrative 34
hearing to a person found ineligible for services under this subsection 35
because of a failure to contribute to the cost of care. 36
(3) Any person who resides in affordable housing under the assisted 37
living demonstration project established pursuant to section 17b-347e 38
and whose income is at or below two hundred per cent of the federal 39
poverty level, shall not be required to contribute to the cost of care. Any 40
person who resides in affordable housing under the assisted living 41
demonstration project established pursuant to section 17b-347e and 42
whose income exceeds two hundred per cent of the federal poverty 43
level, shall contribute to the applied income amount determined in 44
accordance with the methodology established by the Department of 45
Social Services for recipients of medical assistance. Any person whose 46
income exceeds two hundred per cent of the federal poverty level and 47
who does not contribute to the cost of care in accordance with this 48 Raised Bill No. 6469
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subdivision shall be ineligible to receive services under this subsection. 49
Notwithstanding any provision of sections 17b-60 and 17b-61, the 50
department shall not be required to provide an administrative hearing 51
to a person found ineligible for services under this subsection because 52
of a failure to contribute to the cost of care.] 53
[(4)] (2) The annualized cost of services provided to an individual 54
under the state-funded portion of the program shall not exceed fifty per 55
cent of the weighted average cost of care in nursing homes in the state, 56
except an individual who received services costing in excess of such 57
amount under the Department of Social Services in the fiscal year 58
ending June 30, 1992, may continue to receive such services, provided 59
the annualized cost of such services does not exceed eighty per cent of 60
the weighted average cost of such nursing home care. The commissioner 61
may allow the cost of services provided to an individual to exceed the 62
maximum cost established pursuant to this subdivision in a case of 63
extreme hardship, as determined by the commissioner, provided in no 64
case shall such cost exceed that of the weighted cost of such nursing 65
home care. 66
(j) The Commissioner of Social Services may implement revised 67
criteria for the operation of the program while in the process of adopting 68
such criteria in regulation form, provided the commissioner prints 69
notice of intention to adopt the regulations [in the Connecticut Law 70
Journal within twenty days of implementing the policy] in accordance 71
with section 17b-10. Such criteria shall be valid until the time final 72
regulations are effective. 73
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 17b-342(i) and (j)
HS Joint Favorable