OFFICE OF FISCAL ANALYSIS Legislative Office Building, Room 5200 Hartford, CT 06106 (860) 240-0200 http://www.cga.ct.gov/ofa sSB-418 AN ACT INCREASING THE PERSONAL NEEDS ALLOWANCE FOR CERTAIN LONG-TERM CARE FACILITY RESIDENTS AND AUTHORIZING A DEDUCTION FOR CONSERVATOR EXPENSES FROM THE AMOUNT OF INCOME A MEDICAID RECIPIENT APPLIES TO THE COST OF CARE. Primary Analyst: ES 3/15/21 Contributing Analyst(s): LD, PR OFA Fiscal Note State Impact: Agency Affected Fund-Effect FY 22 $ FY 23 $ Social Services, Dept. GF - Cost 2,650,000 2,150,000 Social Services, Dept. GF - Revenue Gain 375,000 - Probate Court PCAF - Savings 950,000 950,000 Note: GF=General Fund; PCAF=Probate Court Administration Fund Municipal Impact: None Explanation The bill results in the impact described below due to (1) increasing the Personal Needs Allowance, and (2) requiring the state to deduct certain conservatorship expenses when calculating the amount of income an institutionalized Medicaid enrollee must contribute towards his or her care, to the extent allowed under federal law. Sections 1 and 2 result in a state Medicaid cost of approximately $1.2 million annually ($2.4 million gross after considering both the state and federal share) by increasing the personal needs allowance (PNA) by $12.75 from $60 to $72.75. Sections 3 and 4 result in increased state Medicaid costs of approximately $950,000 in FY 22 and $1.9 million in FY 23 ($950,000 in FY 23 after a transfer from the Probate Court Administration Fund) by 2021SB-00418-R000060-FN.DOCX Page 2 of 3 requiring the Department of Social Services (DSS) to deduct certain conservator expenses when calculating a Medicaid-eligible nursing home resident’s applied income. This assumes a start date of January 1, 2022. In addition, DSS will incur one-time Other Expenses costs of approximately $500,000 in FY 22 to enhance the state's eligibility system in order to implement the applied income deductions specified in the bill. The system enhancement costs are anticipated to result in a federal grants revenue gain of $375,000, which reflects federal reimbursement for such costs under Medicaid. These provisions also result in a net savings to the Probate Court Administration Fund (PCAF) of $950,000 in FY 22 and FY 23 associated with requiring the Probate Court to transfer funds to DSS equal to one- half the amount deducted for conservator expenses in the prior fiscal year, beginning in FY 23. In FY 20, the Probate Court supported conservator expenses for approximately 2,500 Medicaid individuals in long-term care. The estimated impact to the PCAF and DSS is detailed in the tables below. Probate Court PCAF $ FY 22 FY 23 FY 24 Reduction in Conservator Reimbursement/Fee Waivers 950,000 1,900,000 1,900,000 Transfer to DSS - (950,000) (1,900,000) Net Impact to PCAF 950,000 950,000 - DSS Medicaid $ FY 22 FY 23 FY 24 Gross cost 1,900,000 3,800,000 3,800,000 State Share 950,000 1,900,000 1,900,000 Transfer from Probate - (950,000) (1,900,00) Net Impact to DSS 950,000 950,000 - DSS Other Expense/Federal Grants $ FY 22 FY 23 FY 24 Impact System Enhancements 500,000 - - Federal Grants Rev 375,000 - - Net Impact to State 125,000 - - 2021SB-00418-R000060-FN.DOCX Page 3 of 3 The actual cost to DSS will depend on (1) the amount of the conservator expenses (including conservator compensation), Probate Court filing fees/expenses, and premiums for any Probate Court bonds counted as a deduction from a beneficiary’s income, and (2) the commensurate shift to the state for Medicaid costs which would have been paid by the beneficiary. Section 5 will result in a cost to the state Medicaid program to the extent the penalty period that would have been imposed on an individual, making them temporarily ineligible for Medicaid long term care services, is either reduced or eliminated. The cost to the state Medicaid program will depend on the reduction or elimination of the penalty period which would have been imposed on the individual and the scope of services that otherwise would not be eligible for Medicaid coverage. The Out Years The annualized ongoing fiscal impact for increasing the PNA is subject to the number of Medicaid residents in long-term care facilities. The annualized ongoing fiscal impact related to sections 3 and 4 is described in the tables above.