Connecticut 2021 Regular Session

Connecticut Senate Bill SB00418 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 418
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	5	+	LCO No. 3512 1 of 4
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	7	+	General Assembly Committee Bill No. 418
8	8		January Session, 2021
	9	+	LCO No. 3512
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	11	+
	12	+	Referred to Committee on AGING
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	14	+
	15	+	Introduced by:
	16	+	(AGE)
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13	20		AN ACT INCREASING THE PERSONAL NEEDS ALL OWANCE FOR
14	21		CERTAIN LONG-TERM CARE FACILITY RESIDENTS AND
15	22		AUTHORIZING A DEDUCT ION FOR CONSERVATOR EXPENSES
16	23		FROM THE AMOUNT OF I NCOME A MEDICAID REC IPIENT APPLIES
17	24		TO THE COST OF CARE.
18	25		Be it enacted by the Senate and House of Representatives in General
19	26		Assembly convened:
20	27
21	28		Section 1. Subsection (b) of section 17b-106 of the general statutes is 1
22	29		repealed and the following is substituted in lieu thereof (Effective July 1, 2
23	30		2021): 3
24		-	(b) [Effective July 1, 2011, ~~the]~~ The commissioner shall provide a state 4
	31	+	(b) Effective July 1, 2011, the commissioner shall provide a state 4
25	32		supplement payment for recipients of Medicaid and the federal 5
26	33		Supplemental Security Income Program who reside in long-term care 6
27	34		facilities sufficient to increase their personal needs allowance to [sixty 7
28	35		dollars] seventy-two dollars and seventy-five cents per month. Such 8
29	36		state supplement payment shall be made to the long-term care facility 9
30	37		to be deposited into the personal fund account of each such recipient. 10
31	38		For the purposes of this subsection, "long-term care facility" means a 11
32	39		licensed chronic and convalescent nursing home, a chronic disease 12
33	40		hospital, a rest home with nursing supervision, an intermediate care 13
34	41		facility for individuals with intellectual disabilities or a state humane 14
35		-	institution. 15
36		-	Sec. 2. Section 17b-272 of the general statutes is repealed and the 16 Substitute Bill No. 418
	42	+	Committee Bill No. 418
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	47	+	institution. 15
	48	+	Sec. 2. Section 17b-272 of the general statutes is repealed and the 16
43	49		following is substituted in lieu thereof (Effective July 1, 2021): 17
44		-	[Effective July 1, 2011, ~~the]~~ The Commissioner of Social Services shall 18
	50	+	Effective July 1, 2011, the Commissioner of Social Services shall 18
45	51		permit patients residing in nursing homes, chronic disease hospitals and 19
46	52		state humane institutions who are medical assistance recipients under 20
47	53		sections 17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, and 21
48	54		17b-357 to 17b-361, inclusive, to have a monthly personal fund 22
49	55		allowance of [sixty dollars] seventy-two dollars and seventy-five cents. 23
50	56		Sec. 3. (NEW) (Effective from passage) (a) On or before December 31, 24
51	57		2021, the Commissioner of Social Services shall amend the Medicaid 25
52	58		state plan provisions governing the calculation of applied income, as 26
53	59		defined in section 17b-261r of the general statutes, to permit a qualified 27
54	60		deduction pursuant to 42 USC 1396a(r)(1)(A)(ii) for the following 28
55	61		expenses related to representation of a Medicaid applicant or recipient: 29
56	62		(1) Compensation of a conservator in the amount approved by the 30
57	63		Probate Court; (2) Probate Court filing fees and expenses under 31
58	64		subdivision (6) of subsection (b) of section 45a-106a and sections 45a-32
59	65		108a and 45a-109 of the general statutes; (3) premiums for any probate 33
60	66		bond required by the Probate Court; and (4) any other fiduciary 34
61	67		expenses approved by the Probate Court, provided such deductions are 35
62		-	permissible under federal law. Whenever such qualified deduction 36
63		-	from the applied income is permitted, the Commissioner of Social 37
64		-	Services shall increase the Medicaid payment in the amount of such 38
65		-	deduction to the nursing home where the applicant or recipient resides 39
66		-	or intends to reside. 40
67		-	(b) The provisions of this section shall be effective upon the 41
68		-	commissioner receiving federal approval to amend the Medicaid state 42
69		-	plan pursuant to subsection (a) of this section and shall be applied to 43
70		-	conservator expenses incurred on or after October 1, 2021, or the 44
71		-	approval date of the Medicaid state plan amendment, whichever is later. 45
72		-	(c) On or before December 31, 2022, and annually thereafter, the 46
73		-	Commissioner of Social Services shall calculate the total amount 47
74		-	deducted from applied income under subsection (a) of this section 48 Substitute Bill No. 418
	68	+	permissible under federal law. 36
	69	+	(b) The provisions of this section shall be effective upon the 37
	70	+	commissioner receiving federal approval to amend the Medicaid state 38
	71	+	plan pursuant to subsection (a) of this section and shall be applied to 39
	72	+	conservator expenses incurred on or after October 1, 2021, or the 40
	73	+	approval date of the Medicaid state plan amendment, whichever is later. 41
	74	+	(c) On or before December 31, 2022, and annually thereafter, the 42
	75	+	Commissioner of Social Services shall calculate the total amount 43
	76	+	deducted from applied income under subsection (a) of this section 44
	77	+	during the preceding fiscal year and inform the Probate Court 45
	78	+	Committee Bill No. 418
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81		-	during the preceding fiscal year and inform the Probate Court 49
82		-	Administrator, in writing, of the amount. Not later than thirty days after 50
83		-	receipt of the commissioner's calculation, the Probate Court 51
84		-	Administrator shall transfer funds from the Probate Court 52
85		-	Administration Fund to the Department of Social Services equal to one-53
86		-	half of such amount for that year. 54
87		-	Sec. 4. (NEW) (Effective from passage) Notwithstanding the provisions 55
88		-	of section 45a-594 of the general statutes, the baseline conservator 56
89		-	compensation to be deducted from applied income pursuant to 57
90		-	subsection (a) of section 3 of this act shall be one hundred twenty-five 58
91		-	dollars per month, provided the Commissioner of Social Services shall 59
92		-	approve fees above said amount if approved by the Probate Court at the 60
93		-	time Medicaid is granted to a conserved person and upon 61
94		-	redetermination of such conserved person's Medicaid eligibility. 62
95		-	Sec. 5. Subsection (d) of section 17b-261 of the general statutes is 63
96		-	repealed and the following is substituted in lieu thereof (Effective July 1, 64
97		-	2021): 65
98		-	(d) The transfer of an asset in exchange for other valuable 66
99		-	consideration shall be allowable to the extent the value of the other 67
100		-	valuable consideration is equal to or greater than the value of the asset 68
101		-	transferred. The Commissioner of Social Services shall not treat any 69
102		-	conservator or fiduciary fee paid for services rendered that has been 70
103		-	approved by the Probate Court as an improper transfer of assets for the 71
104		-	purpose of obtaining Medicaid eligibility. 72
	83	+	Administrator, in writing, of the amount. Not later than thirty days after 46
	84	+	receipt of the commissioner's calculation, the Probate Court 47
	85	+	Administrator shall transfer funds from the Probate Court 48
	86	+	Administration Fund to the Department of Social Services equal to one-49
	87	+	half of such amount for that year. 50
	88	+	Sec. 4. (NEW) (Effective from passage) Notwithstanding the provisions 51
	89	+	of section 45a-594 of the general statutes, the baseline conservator 52
	90	+	compensation to be deducted from applied income pursuant to 53
	91	+	subsection (a) of section 3 of this act shall be one hundred twenty-five 54
	92	+	dollars per month, provided the Commissioner of Social Services shall 55
	93	+	approve fees above said amount if approved by the Probate Court at the 56
	94	+	time Medicaid is granted to a conserved person and upon 57
	95	+	redetermination of such conserved person's Medicaid eligibility. 58
	96	+	Sec. 5. Subsection (d) of section 17b-261 of the general statutes is 59
	97	+	repealed and the following is substituted in lieu thereof (Effective July 1, 60
	98	+	2021): 61
	99	+	(d) The transfer of an asset in exchange for other valuable 62
	100	+	consideration shall be allowable to the extent the value of the other 63
	101	+	valuable consideration is equal to or greater than the value of the asset 64
	102	+	transferred. The Commissioner of Social Services shall not treat any 65
	103	+	Probate Court-approved conservator or fiduciary fee paid for services 66
	104	+	rendered as an improper transfer of assets for the purpose of obtaining 67
	105	+	Medicaid eligibility. 68
105	106		This act shall take effect as follows and shall amend the following
106	107		sections:
107	108
108	109		Section 1 July 1, 2021 17b-106(b)
109	110		Sec. 2 July 1, 2021 17b-272
110	111		Sec. 3 from passage New section
111	112		Sec. 4 from passage New section
112	113		Sec. 5 July 1, 2021 17b-261(d)
113		-	Substitute Bill No. 418
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	115	+	Committee Bill No. 418
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120		-	Statement of ~~Legislative Commissioners~~:
121		-	~~In Section 1(b) and Section 2, "Effective July 1, 2011,~~ the~~" was changed to~~
122		-	~~[Effective July 1,~~ ~~2011, the]~~ ~~The" for clarity~~ and ~~consistency with the~~
123		-	~~effective dates~~ of ~~the sections;~~ ~~in Section 3(a), the last sentence was~~
124		-	~~redrafted for clarity;~~ ~~and in Section 5(d), "Probate~~ ~~Court- approved~~
125		-	~~conservator or fiduciary fee paid for services rendered"~~ ~~was changed to~~
126		-	~~"conservator~~ or ~~fiduciary fee paid for services rendered that has been~~
127		-	~~approved by the Probate Court" for clarity.~~
	120	+	Statement of Purpose:
	121	+	To increase the amount of personal income a long-term care facility
	122	+	resident who receives medical assistance may keep and authorize a
	123	+	deduction for conservator expenses from the amount of income a
	124	+	Medicaid recipient must apply toward the cost of his or her care.
	125	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	126	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	127	+	underlined.]
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129		-	AGE Joint Favorable Subst.
	129	+	Co-Sponsors: SEN. KELLY, 21st Dist.; SEN. SLAP, 5th Dist.
	130	+	REP. PHIPPS, 100th Dist.; REP. WILSON, 66th Dist.
	131	+	SEN. FORMICA, 20th Dist.; SEN. OSTEN, 19th Dist.
	132	+
	133	+	S.B. 418
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