Connecticut 2021 Regular Session

Connecticut Senate Bill SB00913 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 913
	4	+	LCO No. 3527 1 of 7
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	6	+	General Assembly Raised Bill No. 913
8	7		January Session, 2021
	8	+	LCO No. 3527
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	10	+
	11	+	Referred to Committee on HUMAN SERVICES
	12	+
	13	+
	14	+	Introduced by:
	15	+	(HS)
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14	20		AN ACT REQUIRING FAIRNESS FOR FAMILIES IN MEDICAID
15	21		ELIGIBILITY AND REIMBURSEMENT DETERM INATIONS.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19		-	Section 1. (NEW) (Effective July 1, 2021) To the ~~extent permissible~~ 1
20		-	~~under federal law,~~ payment rates for family caregivers authorized to 2
	25	+	Section 1. (NEW) (Effective July 1, 2021) The Commissioner of Social 1
	26	+	Services shall set payment rates for family caregivers authorized to 2
21	27		receive compensation in programs administered by the Department of 3
22		-	Social Services ~~shall be~~ equal to the rates set for nonfamily professional 4
	28	+	Social Services equal to the rates set for nonfamily professional 4
23	29		caregivers providing the same types of services to participants in such 5
24		-	programs. The Commissioner of Social Services shall use the fair market 6
25		-	value of services provided by a family caregiver in determining whether 7
26		-	a Medicaid applicant who transferred assets to such caregiver as part of 8
27		-	a legally enforceable compensation agreement for such services violated 9
28		-	any provision of federal law regarding the transfer of assets. 10
29		-	Sec. 2. Subsection (h) of section 17b-342 of the general statutes is 11
30		-	repealed and the following is substituted in lieu thereof (Effective July 1, 12
31		-	2021): 13
32		-	(h) An individual who is otherwise eligible for services pursuant to 14
33		-	this section shall, as a condition of participation in the program, apply 15
34		-	for medical assistance benefits pursuant to section 17b-260 when 16
35		-	requested to do so by the department and shall accept such benefits if 17
36		-	determined eligible. The Commissioner of Social Services shall provide 18 Substitute Bill No. 913
	30	+	programs, including, but not limited to, providing family caregivers 6
	31	+	rates received by personal care attendants negotiated pursuant to 7
	32	+	section 17b-706b of the general statutes and rates received by providers 8
	33	+	of home care services pursuant to section 17b-343 of the general statutes. 9
	34	+	The commissioner shall also use such rates to determine the value of 10
	35	+	services provided by a family caregiver to a Medicaid applicant who 11
	36	+	transferred assets to the family caregiver as part of a legally enforceable 12
	37	+	compensation agreement with such caregiver. 13
	38	+	Sec. 2. Subsection (h) of section 17b-342 of the general statutes is 14
	39	+	repealed and the following is substituted in lieu thereof (Effective July 1, 15 Raised Bill No. 913
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43		-	medical assistance payments for Medicaid-eligible home care services 19
44		-	retroactive to not more than three months before the date an eligible 20
45		-	individual applied for Medicaid, to the extent permissible under 42 CFR 21
46		-	435.915, as amended from time to time, provided such individual was 22
47		-	otherwise eligible for Medicaid not more than three months before 23
48		-	applying for Medicaid. Any Medicaid applicant who has transferred 24
49		-	assets for less than fair market value for purposes of obtaining or 25
50		-	maintaining Medicaid eligibility in the sixty months before applying for 26
51		-	Medicaid shall not be eligible for retroactive medical assistance 27
52		-	payments. If the applicant has made such a transfer, the commissioner 28
53		-	shall impose a penalty period in accordance with 42 USC 29
54		-	1396p(c)(1)(D)(ii), as amended from time to time. 30
55		-	Sec. 3. Section 17b-261 of the general statutes is repealed and the 31
56		-	following is substituted in lieu thereof (Effective July 1, 2021): 32
57		-	(a) Medical assistance shall be provided for any otherwise eligible 33
58		-	person whose income, including any available support from legally 34
59		-	liable relatives and the income of the person's spouse or dependent 35
60		-	child, is not more than one hundred forty-three per cent, pending 36
61		-	approval of a federal waiver applied for pursuant to subsection (e) of 37
62		-	this section, of the benefit amount paid to a person with no income 38
63		-	under the temporary family assistance program in the appropriate 39
64		-	region of residence and if such person is an institutionalized individual 40
65		-	as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 41
66		-	and has not made an assignment or transfer or other disposition of 42
67		-	property for less than fair market value for the purpose of establishing 43
68		-	eligibility for benefits or assistance under this section. Any such 44
69		-	disposition shall be treated in accordance with Section 1917(c) of the 45
70		-	Social Security Act, 42 USC 1396p(c). Any disposition of property made 46
71		-	on behalf of an applicant or recipient or the spouse of an applicant or 47
72		-	recipient by a guardian, conservator, person authorized to make such 48
73		-	disposition pursuant to a power of attorney or other person so 49
74		-	authorized by law shall be attributed to such applicant, recipient or 50
75		-	spouse. A disposition of property ordered by a court shall be evaluated 51 Substitute Bill No. 913
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	45	+	2021): 16
	46	+	(h) An individual who is otherwise eligible for services pursuant to 17
	47	+	this section shall, as a condition of participation in the program, apply 18
	48	+	for medical assistance benefits pursuant to section 17b-260 when 19
	49	+	requested to do so by the department and shall accept such benefits if 20
	50	+	determined eligible. The Commissioner of Social Services shall provide 21
	51	+	medical assistance payments for Medicaid-eligible home care services 22
	52	+	retroactive to not more than three months before the date an eligible 23
	53	+	individual applied for Medicaid, to the extent permissible under 42 CFR 24
	54	+	435.915, as amended from time to time. Any Medicaid applicant who 25
	55	+	has transferred assets for less than fair market value for purposes of 26
	56	+	obtaining or maintaining Medicaid eligibility in the sixty months before 27
	57	+	applying shall not be eligible for retroactive medical assistance 28
	58	+	payments. If the applicant has made such a transfer, the commissioner 29
	59	+	shall impose a penalty period in accordance with 42 USC 30
	60	+	1396p(c)(1)(D)(ii), as amended from time to time. 31
	61	+	Sec. 3. Section 17b-261 of the general statutes is repealed and the 32
	62	+	following is substituted in lieu thereof (Effective July 1, 2021): 33
	63	+	(a) Medical assistance shall be provided for any otherwise eligible 34
	64	+	person whose income, including any available support from legally 35
	65	+	liable relatives and the income of the person's spouse or dependent 36
	66	+	child, is not more than one hundred forty-three per cent, pending 37
	67	+	approval of a federal waiver applied for pursuant to subsection (e) of 38
	68	+	this section, of the benefit amount paid to a person with no income 39
	69	+	under the temporary family assistance program in the appropriate 40
	70	+	region of residence and if such person is an institutionalized individual 41
	71	+	as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 42
	72	+	and has not made an assignment or transfer or other disposition of 43
	73	+	property for less than fair market value for the purpose of establishing 44
	74	+	eligibility for benefits or assistance under this section. Any such 45
	75	+	disposition shall be treated in accordance with Section 1917(c) of the 46
	76	+	Social Security Act, 42 USC 1396p(c). Any disposition of property made 47
	77	+	on behalf of an applicant or recipient or the spouse of an applicant or 48 Raised Bill No. 913
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82		-	in accordance with the standards applied to any other such disposition 52
83		-	for the purpose of determining eligibility. The commissioner shall 53
84		-	establish the standards for eligibility for medical assistance at one 54
85		-	hundred forty-three per cent of the benefit amount paid to a household 55
86		-	of equal size with no income under the temporary family assistance 56
87		-	program in the appropriate region of residence. In determining 57
88		-	eligibility, the commissioner shall not consider as income Aid and 58
89		-	Attendance pension benefits granted to a veteran, as defined in section 59
90		-	27-103, or the surviving spouse of such veteran. Except as provided in 60
91		-	section 17b-277 and section 17b-292, the medical assistance program 61
92		-	shall provide coverage to persons under the age of nineteen with 62
93		-	household income up to one hundred ninety-six per cent of the federal 63
94		-	poverty level without an asset limit and to persons under the age of 64
95		-	nineteen, who qualify for coverage under Section 1931 of the Social 65
96		-	Security Act, with household income not exceeding one hundred 66
97		-	ninety-six per cent of the federal poverty level without an asset limit, 67
98		-	and their parents and needy caretaker relatives, who qualify for 68
99		-	coverage under Section 1931 of the Social Security Act, with household 69
100		-	income not exceeding one hundred fifty-five per cent of the federal 70
101		-	poverty level without an asset limit. Such levels shall be based on the 71
102		-	regional differences in such benefit amount, if applicable, unless such 72
103		-	levels based on regional differences are not in conformance with federal 73
104		-	law. Any income in excess of the applicable amounts shall be applied as 74
105		-	may be required by said federal law, and assistance shall be granted for 75
106		-	the balance of the cost of authorized medical assistance. The 76
107		-	Commissioner of Social Services shall provide applicants for assistance 77
108		-	under this section, at the time of application, with a written statement 78
109		-	advising them of (1) the effect of an assignment or transfer or other 79
110		-	disposition of property on eligibility for benefits or assistance, (2) the 80
111		-	effect that having income that exceeds the limits prescribed in this 81
112		-	subsection will have with respect to program eligibility, and (3) the 82
113		-	availability of, and eligibility for, services provided by the Nurturing 83
114		-	Families Network established pursuant to section 17b-751b. For 84
115		-	coverage dates on or after January 1, 2014, the department shall use the 85
116		-	modified adjusted gross income financial eligibility rules set forth in 86 Substitute Bill No. 913
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	83	+	recipient by a guardian, conservator, person authorized to make such 49
	84	+	disposition pursuant to a power of attorney or other person so 50
	85	+	authorized by law shall be attributed to such applicant, recipient or 51
	86	+	spouse. A disposition of property ordered by a court shall be evaluated 52
	87	+	in accordance with the standards applied to any other such disposition 53
	88	+	for the purpose of determining eligibility. The commissioner shall 54
	89	+	establish the standards for eligibility for medical assistance at one 55
	90	+	hundred forty-three per cent of the benefit amount paid to a household 56
	91	+	of equal size with no income under the temporary family assistance 57
	92	+	program in the appropriate region of residence. In determining 58
	93	+	eligibility, the commissioner shall not consider as income Aid and 59
	94	+	Attendance pension benefits granted to a veteran, as defined in section 60
	95	+	27-103, or the surviving spouse of such veteran. Except as provided in 61
	96	+	section 17b-277 and section 17b-292, the medical assistance program 62
	97	+	shall provide coverage to persons under the age of nineteen with 63
	98	+	household income up to one hundred ninety-six per cent of the federal 64
	99	+	poverty level without an asset limit and to persons under the age of 65
	100	+	nineteen, who qualify for coverage under Section 1931 of the Social 66
	101	+	Security Act, with household income not exceeding one hundred 67
	102	+	ninety-six per cent of the federal poverty level without an asset limit, 68
	103	+	and their parents and needy caretaker relatives, who qualify for 69
	104	+	coverage under Section 1931 of the Social Security Act, with household 70
	105	+	income not exceeding one hundred fifty-five per cent of the federal 71
	106	+	poverty level without an asset limit. Such levels shall be based on the 72
	107	+	regional differences in such benefit amount, if applicable, unless such 73
	108	+	levels based on regional differences are not in conformance with federal 74
	109	+	law. Any income in excess of the applicable amounts shall be applied as 75
	110	+	may be required by said federal law, and assistance shall be granted for 76
	111	+	the balance of the cost of authorized medical assistance. The 77
	112	+	Commissioner of Social Services shall provide applicants for assistance 78
	113	+	under this section, at the time of application, with a written statement 79
	114	+	advising them of (1) the effect of an assignment or transfer or other 80
	115	+	disposition of property on eligibility for benefits or assistance, (2) the 81
	116	+	effect that having income that exceeds the limits prescribed in this 82
	117	+	subsection will have with respect to program eligibility, and (3) the 83 Raised Bill No. 913
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123		-	Section 1902(e)(14) of the Social Security Act and the implementing 87
124		-	regulations to determine eligibility for HUSKY A, HUSKY B and 88
125		-	HUSKY D applicants, as defined in section 17b-290. Persons who are 89
126		-	determined ineligible for assistance pursuant to this section shall be 90
127		-	provided a written statement notifying such persons of their ineligibility 91
128		-	and advising such persons of their potential eligibility for one of the 92
129		-	other insurance affordability programs as defined in 42 CFR 435.4. 93
130		-	(b) For the purposes of the Medicaid program, the Commissioner of 94
131		-	Social Services shall consider parental income and resources as available 95
132		-	to a child under eighteen years of age who is living with his or her 96
133		-	parents and is blind or disabled for purposes of the Medicaid program, 97
134		-	or to any other child under twenty-one years of age who is living with 98
135		-	his or her parents. 99
136		-	(c) For the purposes of determining eligibility for the Medicaid 100
137		-	program, an available asset is one that is actually available to the 101
138		-	applicant or one that the applicant has the legal right, authority or 102
139		-	power to obtain or to have applied for the applicant's general or medical 103
140		-	support. If the terms of a trust provide for the support of an applicant, 104
141		-	the refusal of a trustee to make a distribution from the trust does not 105
142		-	render the trust an unavailable asset. Notwithstanding the provisions of 106
143		-	this subsection, the availability of funds in a trust or similar instrument 107
144		-	funded in whole or in part by the applicant or the applicant's spouse 108
145		-	shall be determined pursuant to the Omnibus Budget Reconciliation Act 109
146		-	of 1993, 42 USC 1396p. The provisions of this subsection shall not apply 110
147		-	to a special needs trust, as defined in 42 USC 1396p(d)(4)(A), as 111
148		-	amended from time to time. For purposes of determining whether a 112
149		-	beneficiary under a special needs trust, who has not received a disability 113
150		-	determination from the Social Security Administration, is disabled, as 114
151		-	defined in 42 USC 1382c(a)(3), the Commissioner of Social Services, or 115
152		-	the commissioner's designee, shall independently make such 116
153		-	determination. The commissioner shall not require such beneficiary to 117
154		-	apply for Social Security disability benefits or obtain a disability 118
155		-	determination from the Social Security Administration for purposes of 119 Substitute Bill No. 913
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	122	+
	123	+	availability of, and eligibility for, services provided by the Nurturing 84
	124	+	Families Network established pursuant to section 17b-751b. For 85
	125	+	coverage dates on or after January 1, 2014, the department shall use the 86
	126	+	modified adjusted gross income financial eligibility rules set forth in 87
	127	+	Section 1902(e)(14) of the Social Security Act and the implementing 88
	128	+	regulations to determine eligibility for HUSKY A, HUSKY B and 89
	129	+	HUSKY D applicants, as defined in section 17b-290. Persons who are 90
	130	+	determined ineligible for assistance pursuant to this section shall be 91
	131	+	provided a written statement notifying such persons of their ineligibility 92
	132	+	and advising such persons of their potential eligibility for one of the 93
	133	+	other insurance affordability programs as defined in 42 CFR 435.4. 94
	134	+	(b) For the purposes of the Medicaid program, the Commissioner of 95
	135	+	Social Services shall consider parental income and resources as available 96
	136	+	to a child under eighteen years of age who is living with his or her 97
	137	+	parents and is blind or disabled for purposes of the Medicaid program, 98
	138	+	or to any other child under twenty-one years of age who is living with 99
	139	+	his or her parents. 100
	140	+	(c) For the purposes of determining eligibility for the Medicaid 101
	141	+	program, an available asset is one that is actually available to the 102
	142	+	applicant or one that the applicant has the legal right, authority or 103
	143	+	power to obtain or to have applied for the applicant's general or medical 104
	144	+	support. If the terms of a trust provide for the support of an applicant, 105
	145	+	the refusal of a trustee to make a distribution from the trust does not 106
	146	+	render the trust an unavailable asset. Notwithstanding the provisions of 107
	147	+	this subsection, the availability of funds in a trust or similar instrument 108
	148	+	funded in whole or in part by the applicant or the applicant's spouse 109
	149	+	shall be determined pursuant to the Omnibus Budget Reconciliation Act 110
	150	+	of 1993, 42 USC 1396p. The provisions of this subsection shall not apply 111
	151	+	to a special needs trust, as defined in 42 USC 1396p(d)(4)(A), as 112
	152	+	amended from time to time. For purposes of determining whether a 113
	153	+	beneficiary under a special needs trust, who has not received a disability 114
	154	+	determination from the Social Security Administration, is disabled, as 115
	155	+	defined in 42 USC 1382c(a)(3), the Commissioner of Social Services, or 116
	156	+	the commissioner's designee, shall independently make such 117 Raised Bill No. 913
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162		-	determining whether the beneficiary is disabled. 120
163		-	(d) The transfer of an asset in exchange for other valuable 121
164		-	consideration shall be allowable to the extent the value of the other 122
165		-	valuable consideration is equal to or greater than the value of the asset 123
166		-	transferred. 124
167		-	(e) The Commissioner of Social Services shall seek a waiver from 125
168		-	federal law to permit federal financial participation for Medicaid 126
169		-	expenditures for families with incomes of one hundred forty-three per 127
170		-	cent of the temporary family assistance program payment standard. 128
171		-	(f) To the extent [permitted by] permissible under federal law, 129
172		-	Medicaid eligibility shall be extended for one year to a family that 130
173		-	becomes ineligible for medical assistance under Section 1931 of the 131
174		-	Social Security Act due to income from employment by one of its 132
175		-	members who is a caretaker relative or due to receipt of child support 133
176		-	income. A family receiving extended benefits on July 1, 2005, shall 134
177		-	receive the balance of such extended benefits, provided no such family 135
178		-	shall receive more than twelve additional months of such benefits. 136
179		-	(g) An institutionalized spouse applying for Medicaid and having a 137
180		-	spouse living in the community shall be required, to the maximum 138
181		-	extent permitted by law, to divert income to such community spouse in 139
182		-	order to raise the community spouse's income to the level of the 140
183		-	minimum monthly needs allowance, as described in Section 1924 of the 141
184		-	Social Security Act. Such diversion of income shall occur before the 142
185		-	community spouse is allowed to retain assets in excess of the 143
186		-	community spouse protected amount described in Section 1924 of the 144
187		-	Social Security Act. The Commissioner of Social Services, pursuant to 145
188		-	section 17b-10, may implement the provisions of this subsection while 146
189		-	in the process of adopting regulations, provided the commissioner 147
190		-	prints notice of intent to adopt the regulations [in the Connecticut Law 148
191		-	Journal within] on the Internet web site of the Department of Social 149
192		-	Services and the eRegulations System not later than twenty days of 150
193		-	adopting such policy. Such policy shall be valid until the time final 151 Substitute Bill No. 913
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	161	+
	162	+	determination. The commissioner shall not require such beneficiary to 118
	163	+	apply for Social Security disability benefits or obtain a disability 119
	164	+	determination from the Social Security Administration for purposes of 120
	165	+	determining whether the beneficiary is disabled. 121
	166	+	(d) The transfer of an asset in exchange for other valuable 122
	167	+	consideration shall be allowable to the extent the value of the other 123
	168	+	valuable consideration is equal to or greater than the value of the asset 124
	169	+	transferred. 125
	170	+	(e) The Commissioner of Social Services shall seek a waiver from 126
	171	+	federal law to permit federal financial participation for Medicaid 127
	172	+	expenditures for families with incomes of one hundred forty-three per 128
	173	+	cent of the temporary family assistance program payment standard. 129
	174	+	(f) To the extent [permitted by] permissible under federal law, 130
	175	+	Medicaid eligibility shall be extended for one year to a family that 131
	176	+	becomes ineligible for medical assistance under Section 1931 of the 132
	177	+	Social Security Act due to income from employment by one of its 133
	178	+	members who is a caretaker relative or due to receipt of child support 134
	179	+	income. A family receiving extended benefits on July 1, 2005, shall 135
	180	+	receive the balance of such extended benefits, provided no such family 136
	181	+	shall receive more than twelve additional months of such benefits. 137
	182	+	(g) An institutionalized spouse applying for Medicaid and having a 138
	183	+	spouse living in the community shall be required, to the maximum 139
	184	+	extent permitted by law, to divert income to such community spouse in 140
	185	+	order to raise the community spouse's income to the level of the 141
	186	+	minimum monthly needs allowance, as described in Section 1924 of the 142
	187	+	Social Security Act. Such diversion of income shall occur before the 143
	188	+	community spouse is allowed to retain assets in excess of the 144
	189	+	community spouse protected amount described in Section 1924 of the 145
	190	+	Social Security Act. The Commissioner of Social Services, pursuant to 146
	191	+	section 17b-10, may implement the provisions of this subsection while 147
	192	+	in the process of adopting regulations, provided the commissioner 148
	193	+	prints notice of intent to adopt the regulations [in the Connecticut Law 149 Raised Bill No. 913
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200		-	regulations are effective. 152
201		-	(h) To the extent permissible under federal law, an institutionalized 153
202		-	individual, as defined in Section 1917 of the Social Security Act, 42 USC 154
203		-	1396p(h)(3), shall not be determined ineligible for Medicaid solely on 155
204		-	the basis of the cash value of a life insurance policy worth less than ten 156
205		-	thousand dollars provided the individual is pursuing the surrender of 157
206		-	the policy. 158
207		-	(i) To the extent permissible under federal law, an individual who has 159
208		-	applied for Medicaid shall not be determined ineligible solely on the 160
209		-	basis of an asset discovered by such individual after the date of 161
210		-	application, provided (1) the individual reports the discovery of the 162
211		-	asset to the Commissioner of Social Services not later than ten days after 163
212		-	the discovery, (2) the individual takes steps to liquidate such 164
213		-	individual's interest in the asset and spend down the proceeds in 165
214		-	accordance with Medicaid income and asset limits, and (3) in the event 166
215		-	the individual is unable to gain access to the asset, the Department of 167
216		-	Social Services provides assistance to the individual to gain access to the 168
217		-	asset. 169
218		-	[(i)] (j) Medical assistance shall be provided, in accordance with the 170
219		-	provisions of subsection (e) of section 17a-6, to any child under the 171
220		-	supervision of the Commissioner of Children and Families who is not 172
221		-	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 173
222		-	or is otherwise ineligible for such benefits. Medical assistance shall also 174
223		-	be provided to any child in the behavioral services program operated 175
224		-	by the Department of Developmental Services who is not receiving 176
225		-	Medicaid benefits, has not yet qualified for Medicaid benefits or is 177
226		-	otherwise ineligible for benefits. To the extent practicable, the 178
227		-	Commissioner of Children and Families and the Commissioner of 179
228		-	Developmental Services shall apply for, or assist such child in qualifying 180
229		-	for, the Medicaid program. 181
230		-	[(j)] (k) The Commissioner of Social Services shall provide Early and 182
231		-	Periodic Screening, Diagnostic and Treatment program services, as 183 Substitute Bill No. 913
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	198	+
	199	+	Journal within] on the Internet web site of the Department of Social 150
	200	+	Services and the eRegulations System not later than twenty days of 151
	201	+	adopting such policy. Such policy shall be valid until the time final 152
	202	+	regulations are effective. 153
	203	+	(h) To the extent permissible under federal law, an institutionalized 154
	204	+	individual, as defined in Section 1917 of the Social Security Act, 42 USC 155
	205	+	1396p(h)(3), shall not be determined ineligible for Medicaid solely on 156
	206	+	the basis of the cash value of a life insurance policy worth less than ten 157
	207	+	thousand dollars provided the individual is pursuing the surrender of 158
	208	+	the policy. 159
	209	+	(i) To the extent permissible under federal law, an individual who has 160
	210	+	applied for Medicaid shall not be determined ineligible solely on the 161
	211	+	basis of an asset discovered by such individual after the date of 162
	212	+	application, provided (1) the individual reports the discovery of the 163
	213	+	asset to the Commissioner of Social Services not later than ten days after 164
	214	+	the discovery, (2) the individual takes steps to liquidate such 165
	215	+	individual's interest in the asset and spend down the proceeds in 166
	216	+	accordance with Medicaid income and asset limits, and (3) in the event 167
	217	+	the individual is unable to gain access to the asset, the Department of 168
	218	+	Social Services provides assistance to the individual to gain access to the 169
	219	+	asset. 170
	220	+	(j) To the extent permissible under federal law, an individual who has 171
	221	+	applied for Medicaid shall not be determined ineligible on the basis of a 172
	222	+	single, unliquidated asset, provided such individual presents evidence 173
	223	+	to the Commissioner of Social Services that such asset is inaccessible to 174
	224	+	the individual because it is not possible to liquidate the asset in fewer 175
	225	+	than thirty days. 176
	226	+	[(i)] (k) Medical assistance shall be provided, in accordance with the 177
	227	+	provisions of subsection (e) of section 17a-6, to any child under the 178
	228	+	supervision of the Commissioner of Children and Families who is not 179
	229	+	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 180
	230	+	or is otherwise ineligible for such benefits. Medical assistance shall also 181 Raised Bill No. 913
232	231
233	232
234		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00913-
235		-	R01-SB.docx }
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237	233
238		-	required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 184
239		-	42 USC 1396d(r) and 42 USC 1396d(a)(4)(B) and applicable federal 185
240		-	regulations, to all persons who are under the age of twenty-one and 186
241		-	otherwise eligible for medical assistance under this section. 187
242		-	[(k)] (l) A veteran, as defined in section 27-103, and any member of 188
243		-	his or her family, who applies for or receives assistance under the 189
244		-	Medicaid program, shall apply for all benefits for which he or she may 190
245		-	be eligible through the United States Department of Veterans Affairs or 191
246		-	the United States Department of Defense. 192
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	235	+
	236	+	be provided to any child in the behavioral services program operated 182
	237	+	by the Department of Developmental Services who is not receiving 183
	238	+	Medicaid benefits, has not yet qualified for Medicaid benefits or is 184
	239	+	otherwise ineligible for benefits. To the extent practicable, the 185
	240	+	Commissioner of Children and Families and the Commissioner of 186
	241	+	Developmental Services shall apply for, or assist such child in qualifying 187
	242	+	for, the Medicaid program. 188
	243	+	[(j)] (l) The Commissioner of Social Services shall provide Early and 189
	244	+	Periodic Screening, Diagnostic and Treatment program services, as 190
	245	+	required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 191
	246	+	42 USC 1396d(r) and 42 USC 1396d(a)(4)(B) and applicable federal 192
	247	+	regulations, to all persons who are under the age of twenty-one and 193
	248	+	otherwise eligible for medical assistance under this section. 194
	249	+	[(k)] (m) A veteran, as defined in section 27-103, and any member of 195
	250	+	his or her family, who applies for or receives assistance under the 196
	251	+	Medicaid program, shall apply for all benefits for which he or she may 197
	252	+	be eligible through the United States Department of Veterans Affairs or 198
	253	+	the United States Department of Defense. 199
247	254		This act shall take effect as follows and shall amend the following
248	255		sections:
249	256
250	257		Section 1 July 1, 2021 New section
251	258		Sec. 2 July 1, 2021 17b-342(h)
252	259		Sec. 3 July 1, 2021 17b-261
253	260
254		-	Statement of Legislative Commissioners:
255		-	In Section 2, "before applying" was changed to "before applying for
256		-	Medicaid" for clarity.
257		-
258		-	HS Joint Favorable Subst.
	261	+	Statement of Purpose:
	262	+	To ensure equity in payment between privately paid and family
	263	+	providers of human services, equity in Medicaid reimbursement for
	264	+	home care services compared to institutional care and fairness to
	265	+	families who discover an asset or are unable to immediately liquidate
	266	+	an asset after applying for Medicaid.
	267	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	268	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	269	+	underlined.]
259	270