OFFICE OF FISCAL ANALYSIS
Legislative Office Building, Room 5200
Hartford, CT 06106 (860) 240-0200
http://www.cga.ct.gov/ofa
SB-940
AN ACT CONCERNING STATE AGENCY COMPLIANCE WITH
PROBATE COURT ORDERS.
As Amended by Senate "A" (LCO 10386)
House Calendar No.: 604
Senate Calendar No.: 347
Primary Analyst: PR 6/8/21
Contributing Analyst(s):
Reviewer: ME
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 22 $ FY 23 $
Various State Agencies GF - Potential
Cost
See Below See Below
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill requires state agencies to recognize, apply, and enforce any
probate court orders, denials or decrees and may result in a cost to the
state to represent agency interests in Probate Court proceedings. To
the extent that agencies are not currently complying with such orders,
this bill may also result in a cost to the agencies to comply.
In addition, to the extent that the Probate Court order potentially
violates federal law or jeopardizes federal funding, it is likely the
affected agency, represented by the Office of the Attorney General,
would appeal the decision. In accordance with federal law (42 USC
1396a(a)(5)), the Department of Social Services has been identified as
the single state agency to determine Medicaid eligibility and therefore
eligibility determination is outside the scope of the Probate Court and
assumed unchanged by the bill. 2021SB-00940-R01-FN.DOCX Page 2 of 2
Senate "A" extends the impact of the underlying bill to include
agencies who may not be a party to a Probate Court proceeding and
results in a potential cost by requiring those agencies to comply with
the Probate Court orders.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future.
The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly,
solely for the purposes of information, summarization and explanation and does not represent the intent of the
General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety
of informational sources, including the analyst’s professional knowledge. Whenever applicable, agency data is
consulted as part of the analysis, however final products do not necessarily reflect an assessment from any
specific department.