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General Assembly Substitute Bill No. 418
January Session, 2021
AN ACT INCREASING THE PERSONAL NEEDS ALL OWANCE FOR
CERTAIN LONG-TERM CARE FACILITY RESIDENTS AND
AUTHORIZING A DEDUCT ION FOR CONSERVATOR EXPENSES
FROM THE AMOUNT OF I NCOME A MEDICAID REC IPIENT APPLIES
TO THE COST OF CARE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 17b-106 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(b) [Effective July 1, 2011, the] The commissioner shall provide a state 4
supplement payment for recipients of Medicaid and the federal 5
Supplemental Security Income Program who reside in long-term care 6
facilities sufficient to increase their personal needs allowance to [sixty 7
dollars] seventy-two dollars and seventy-five cents per month. Such 8
state supplement payment shall be made to the long-term care facility 9
to be deposited into the personal fund account of each such recipient. 10
For the purposes of this subsection, "long-term care facility" means a 11
licensed chronic and convalescent nursing home, a chronic disease 12
hospital, a rest home with nursing supervision, an intermediate care 13
facility for individuals with intellectual disabilities or a state humane 14
institution. 15
Sec. 2. Section 17b-272 of the general statutes is repealed and the 16 Substitute Bill No. 418
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following is substituted in lieu thereof (Effective July 1, 2021): 17
[Effective July 1, 2011, the] The Commissioner of Social Services shall 18
permit patients residing in nursing homes, chronic disease hospitals and 19
state humane institutions who are medical assistance recipients under 20
sections 17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, and 21
17b-357 to 17b-361, inclusive, to have a monthly personal fund 22
allowance of [sixty dollars] seventy-two dollars and seventy-five cents. 23
Sec. 3. (NEW) (Effective from passage) (a) On or before December 31, 24
2021, the Commissioner of Social Services shall amend the Medicaid 25
state plan provisions governing the calculation of applied income, as 26
defined in section 17b-261r of the general statutes, to permit a qualified 27
deduction pursuant to 42 USC 1396a(r)(1)(A)(ii) for the following 28
expenses related to representation of a Medicaid applicant or recipient: 29
(1) Compensation of a conservator in the amount approved by the 30
Probate Court; (2) Probate Court filing fees and expenses under 31
subdivision (6) of subsection (b) of section 45a-106a and sections 45a-32
108a and 45a-109 of the general statutes; (3) premiums for any probate 33
bond required by the Probate Court; and (4) any other fiduciary 34
expenses approved by the Probate Court, provided such deductions are 35
permissible under federal law. Whenever such qualified deduction 36
from the applied income is permitted, the Commissioner of Social 37
Services shall increase the Medicaid payment in the amount of such 38
deduction to the nursing home where the applicant or recipient resides 39
or intends to reside. 40
(b) The provisions of this section shall be effective upon the 41
commissioner receiving federal approval to amend the Medicaid state 42
plan pursuant to subsection (a) of this section and shall be applied to 43
conservator expenses incurred on or after October 1, 2021, or the 44
approval date of the Medicaid state plan amendment, whichever is later. 45
(c) On or before December 31, 2022, and annually thereafter, the 46
Commissioner of Social Services shall calculate the total amount 47
deducted from applied income under subsection (a) of this section 48 Substitute Bill No. 418
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during the preceding fiscal year and inform the Probate Court 49
Administrator, in writing, of the amount. Not later than thirty days after 50
receipt of the commissioner's calculation, the Probate Court 51
Administrator shall transfer funds from the Probate Court 52
Administration Fund to the Department of Social Services equal to one-53
half of such amount for that year. 54
Sec. 4. (NEW) (Effective from passage) Notwithstanding the provisions 55
of section 45a-594 of the general statutes, the baseline conservator 56
compensation to be deducted from applied income pursuant to 57
subsection (a) of section 3 of this act shall be one hundred twenty-five 58
dollars per month, provided the Commissioner of Social Services shall 59
approve fees above said amount if approved by the Probate Court at the 60
time Medicaid is granted to a conserved person and upon 61
redetermination of such conserved person's Medicaid eligibility. 62
Sec. 5. Subsection (d) of section 17b-261 of the general statutes is 63
repealed and the following is substituted in lieu thereof (Effective July 1, 64
2021): 65
(d) The transfer of an asset in exchange for other valuable 66
consideration shall be allowable to the extent the value of the other 67
valuable consideration is equal to or greater than the value of the asset 68
transferred. The Commissioner of Social Services shall not treat any 69
conservator or fiduciary fee paid for services rendered that has been 70
approved by the Probate Court as an improper transfer of assets for the 71
purpose of obtaining Medicaid eligibility. 72
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 17b-106(b)
Sec. 2 July 1, 2021 17b-272
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 July 1, 2021 17b-261(d)
Substitute Bill No. 418
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Statement of Legislative Commissioners:
In Section 1(b) and Section 2, "Effective July 1, 2011, the" was changed to
[Effective July 1, 2011, the] The" for clarity and consistency with the
effective dates of the sections; in Section 3(a), the last sentence was
redrafted for clarity; and in Section 5(d), "Probate Court- approved
conservator or fiduciary fee paid for services rendered" was changed to
"conservator or fiduciary fee paid for services rendered that has been
approved by the Probate Court" for clarity.
AGE Joint Favorable Subst.