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General Assembly Raised Bill No. 5226
February Session, 2022
LCO No. 1457
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT LIMITING STATE RECOVERY OF PUBLIC ASSISTANCE
PAYMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17b-93 of the 2022 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2022): 3
(a) If a beneficiary of aid under the state supplement program, 4
medical assistance program, aid to families with dependent children 5
program, temporary family assistance program or state-administered 6
general assistance program has or acquires property of any kind or 7
interest in any property, estate or claim of any kind, except moneys 8
received for the replacement of real or personal property, the state of 9
Connecticut shall have a claim subject to subsections (b) and (c) of this 10
section, which shall have priority over all other unsecured claims and 11
unrecorded encumbrances, against such beneficiary for the amount 12
paid, subject to the provisions of section 17b-94, as amended by this act, 13
to the beneficiary or on the beneficiary's behalf under said programs but 14
only to the extent that the state is required to recover such amount under 15 Raised Bill No. 5226
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federal law. [; and, in] In addition thereto, the parents of an aid to 16
dependent children beneficiary, a state-administered general assistance 17
beneficiary or a temporary family assistance beneficiary shall be liable 18
to repay, subject to the provisions of section 17b-94, as amended by this 19
act, to the state the full amount of any such aid paid to or on behalf of 20
either parent, his or her spouse, and his or her dependent child or 21
children, as defined in section 17b-75, but only to the extent that the state 22
is required to recover such amount under federal law. The state of 23
Connecticut shall have a lien against property of any kind or interest in 24
any property, estate or claim of any kind of the parents of an aid to 25
dependent children, temporary family assistance or state administered 26
general assistance beneficiary, in addition and not in substitution of any 27
other state claim, for amounts owing under any order for support of any 28
court or any family support magistrate, including any arrearage under 29
such order, provided household goods and other personal property 30
identified in section 52-352b, real property pursuant to section 17b-79, 31
as long as such property is used as a home for the beneficiary and money 32
received for the replacement of real or personal property, shall be 33
exempt from such lien. 34
(b) Any person who received cash benefits under the aid to families 35
with dependent children program, the temporary family assistance 36
program or the state-administered general assistance program, when 37
such person was under eighteen years of age, shall not be liable to repay 38
the state for such assistance. 39
(c) No claim, except a claim required to be made under federal law, 40
shall be made, or lien applied, against any payment made pursuant to 41
chapter 135, any payment made pursuant to section 47-88d or 47-287, 42
any moneys received as a settlement or award in a housing or 43
employment or public accommodation discrimination case or in any 44
action brought by a tenant or occupant or former tenant or occupant 45
against an owner or lessor of a residential premises or manufactured 46
mobile home park, any court-ordered retroactive rent abatement, 47
including any made pursuant to subsection (e) of section 47a-14h or 48 Raised Bill No. 5226
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section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant 49
to subsection (d) of section 47a-21 paid to a beneficiary of assistance 50
under the state supplement program, medical assistance program, aid 51
to families with dependent children program, temporary family 52
assistance program or state-administered general assistance program or 53
paid to any person who has been supported wholly, or in part, by the 54
state, in accordance with section 17b-223, in a humane institution. 55
(d) Notwithstanding any provision of the general statutes, whenever 56
funds are collected pursuant to this section or section 17b-94, as 57
amended by this act, and the person who otherwise would have been 58
entitled to such funds is subject to a court-ordered current or arrearage 59
child support payment obligation in a IV-D support case, such funds 60
shall first be paid to the state for reimbursement of Medicaid funds 61
granted to such person for medical expenses incurred for injuries related 62
to a legal claim by such person which was the subject of the state's lien 63
and such funds shall then be paid to the Office of Child Support Services 64
for distribution pursuant to the federally mandated child support 65
distribution system implemented pursuant to subsection (j) of section 66
17b-179. The remainder, if any, shall be paid to the state for payment of 67
previously provided assistance through the state supplement program, 68
medical assistance program, aid to families with dependent children 69
program, temporary family assistance program or state-administered 70
general assistance program but only to the extent that the state is 71
required to recover such assistance under federal law. 72
(e) The Commissioner of Social Services shall adopt regulations, in 73
accordance with chapter 54, establishing criteria and procedures for 74
adjustment of the claim of the state of Connecticut under subsection (a) 75
of this section. The purpose of any such adjustment shall be to 76
encourage the positive involvement of noncustodial parents in the lives 77
of their children and to encourage noncustodial parents to begin making 78
regular support payments. 79
(f) On and after July 1, [2021] 2022, the state shall not recover cash 80
assistance or medical assistance from a lien filed on any real property, 81 Raised Bill No. 5226
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or a claim filed against property, a property interest or estate or claim of 82
any kind, unless the state is required to recover such assistance under 83
federal law or the provisions of this section. Any lien on real property 84
or state claim against property, a property interest or estate or claim of 85
any kind filed under this section by or on behalf of the state prior to July 86
1, [2021] 2022, shall be deemed released by the state if the recovery of 87
such assistance is not required under federal law or the provisions of 88
this section. As used in this subsection, "cash assistance" means 89
payments made to a beneficiary of the aid to families with dependent 90
children program, the state-administered general assistance program, 91
the state supplement program or the temporary family assistance 92
program. 93
Sec. 2. Section 17b-94 of the 2022 supplement to the general statutes 94
is repealed and the following is substituted in lieu thereof (Effective July 95
1, 2022): 96
(a) In the case of causes of action of beneficiaries of aid under the state 97
supplement program, medical assistance program, aid to families with 98
dependent children program, temporary family assistance program or 99
state-administered general assistance program, subject to subsections 100
(b) and (c) of section 17b-93, as amended by this act, or of a parent liable 101
to repay the state under the provisions of section 17b-93, as amended by 102
this act, the claim of the state shall be a lien against the proceeds 103
therefrom in the amount of the assistance paid but only to the extent that 104
the state is required to recover such assistance under federal law, or, in 105
the case of a parent subject to any order for support of any court or any 106
family support magistrate, including any arrearage under such order, 107
liable to repay the state under the provisions of section 17b-93, as 108
amended by this act, whose proceeds from the cause of action are not 109
subject to recovery under federal law, fifty per cent of the proceeds 110
received by such parent or the amount owed by such parent after 111
payment of all expenses connected with the cause of action, whichever 112
is less, for repayment under section 17b-93, as amended by this act, and 113
shall have priority over all other claims except attorney's fees for said 114 Raised Bill No. 5226
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causes, expenses of suit, costs of hospitalization connected with the 115
cause of action by whomever paid over and above hospital insurance or 116
other such benefits, and, for such period of hospitalization as was not 117
paid for by the state, physicians' fees for services during any such period 118
as are connected with the cause of action over and above medical 119
insurance or other such benefits. The proceeds of such causes of action 120
shall be assignable to the state for payment of the amount due under 121
this section and section 17b-93, as amended by this act, irrespective of 122
any other provision of law. Upon presentation to the attorney for the 123
beneficiary of an assignment of such proceeds executed by the 124
beneficiary or his conservator or guardian, such assignment shall 125
constitute an irrevocable direction to the attorney to pay the 126
Commissioner of Administrative Services in accordance with its terms, 127
except if, after settlement of the cause of action or judgment thereon, the 128
Commissioner of Administrative Services does not inform the attorney 129
for the beneficiary of the amount of lien which is to be paid to the 130
Commissioner of Administrative Services within forty-five days of 131
receipt of the written request of such attorney for such information, such 132
attorney may distribute such proceeds to such beneficiary and shall not 133
be liable for any loss the state may sustain thereby. 134
(b) In the case of an inheritance of an estate by a beneficiary of aid 135
under the state supplement program, medical assistance program, aid 136
to families with dependent children program, temporary family 137
assistance program or state-administered general assistance program, 138
subject to subsections (b) and (c) of section 17b-93, as amended by this 139
act, or [by a parent] by the parent of such beneficiary, liable to repay the 140
state under the provisions of section 17b-93, as amended by this act, the 141
amount of such assets equal to the amount of assistance paid but only 142
to the extent that the state is required to recover such amount under 143
federal law, or in the case of a parent subject to any order for support of 144
any court or any family support magistrate, including any arrearage 145
under such order, and liable to repay the state under the provisions of 146
section 17b-93, as amended by this act, whose inheritance is not subject 147
to recovery under federal law, fifty per cent of the assets of the estate 148 Raised Bill No. 5226
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payable to such parent, or the amount owed by such parent, whichever 149
is less, shall be assignable to the state for payment of the amount due 150
under section 17b-93, as amended by this act. The state shall have a lien 151
against such assets in the applicable amount specified in this subsection. 152
The Court of Probate shall accept any such assignment executed by the 153
beneficiary or parent or any such lien notice if such assignment or lien 154
notice is filed by the Commissioner of Administrative Services with the 155
court prior to the distribution of such inheritance, and to the extent of 156
such inheritance not already distributed, the court shall order 157
distribution in accordance with such assignment or lien notice. If the 158
Commissioner of Administrative Services receives any assets of an 159
estate pursuant to any such assignment, the commissioner shall be 160
subject to the same duties and liabilities concerning such assigned assets 161
as the beneficiary or parent. 162
(c) On and after July 1, [2021] 2022, the state shall not recover cash 163
assistance or medical assistance from a claim filed on any property, 164
property interest, proceeds from a cause of action or estate, unless the 165
state is required to recover such assistance under federal law or the 166
provisions of section 17b-93, as amended by this act. Any claim filed 167
under this section by or on behalf of the state on such property, property 168
interest, proceeds from a cause of action or estate prior to July 1, [2021] 169
2022, shall be released by the state if the recovery of such assistance is 170
not required under federal law or the provisions of section 17b-93, as 171
amended by this act. As used in this subsection, "cash assistance" means 172
payments made to a beneficiary of the aid to families with dependent 173
children program, the state-administered general assistance program, 174
the state supplement program or the temporary family assistance 175
program. 176
Sec. 3. Section 17b-95 of the 2022 supplement to the general statutes 177
is repealed and the following is substituted in lieu thereof (Effective July 178
1, 2022): 179
(a) Subject to the provisions of subsection (b) of this section, upon the 180
death of a parent of a child who has, at any time, been a beneficiary 181 Raised Bill No. 5226
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under the program of aid to families with dependent children, the 182
temporary family assistance program or the state-administered general 183
assistance program, or upon the death of any person who has at any 184
time been a beneficiary of aid under the state supplement program, 185
medical assistance program, aid to families with dependent children 186
program, temporary family assistance program or state-administered 187
general assistance program, except as provided in subsection (b) of 188
section 17b-93, as amended by this act, the state shall have a claim 189
against such parent's or person's estate for all amounts paid on behalf of 190
each such child but only to the extent that the state is required to recover 191
such amounts under federal law, or the provisions of section 17b-93, as 192
amended by this act, or for the support of either parent or such child or 193
such person under the state supplement program, medical assistance 194
program, aid to families with dependent children program, temporary 195
family assistance program or state-administered general assistance 196
program for which the state has not been reimbursed and that the state 197
is required to recover under federal law or the provisions of section 17b-198
93, as amended by this act, to the extent that the amount which the 199
surviving spouse, parent or dependent children of the decedent would 200
otherwise take from such estate is not needed for their support. 201
Notwithstanding the provisions of this subsection, effective for services 202
provided on or after January 1, 2014, no state claim pursuant to this 203
section shall be made against the estate of a recipient of medical 204
assistance under the Medicaid Coverage for the Lowest Income 205
Populations program, established pursuant to Section 206
1902(a)(10)(A)(i)(VIII) of the Social Security Act, as amended from time 207
to time, except to the extent required by federal law. 208
(b) In the case of any person dying after October 1, 1959, the claim for 209
medical payments, even though such payments were made prior 210
thereto, shall be restricted to medical disbursements actually made for 211
care of such deceased beneficiary. 212
(c) Claims pursuant to this section shall have priority over all 213
unsecured claims against such estate, except (1) expenses of last sickness 214 Raised Bill No. 5226
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not to exceed three hundred seventy-five dollars, (2) funeral and burial 215
expenses in accordance with sections 17b-84 and 17b-131, and (3) 216
administrative expenses, including probate fees and taxes, and 217
including fiduciary fees not exceeding the following commissions on the 218
value of the whole estates accounted for by such fiduciaries: On the first 219
two thousand dollars or portion thereof, five per cent; on the next eight 220
thousand dollars or portion thereof, four per cent; on the excess over ten 221
thousand dollars, three per cent. Upon petition by any fiduciary, the 222
Probate Court, after a hearing thereon, may authorize compensation in 223
excess of the above schedule for extraordinary services. Notice of any 224
such petition and hearing shall be given to the Commissioner of 225
Administrative Services in Hartford at least ten days in advance of such 226
hearing. The allowable funeral and burial payment herein shall be 227
reduced by the amount of any prepaid funeral arrangement. Any 228
amount paid from the estate under this section to any person which 229
exceeds the limits provided herein shall be repaid to the estate by such 230
person, and such amount may be recovered in a civil action with interest 231
at six per cent from the date of demand. 232
(d) For purposes of this section, all sums due on or after July 1, 2003, 233
to any individual after the death of a public assistance beneficiary 234
pursuant to the terms of an annuity contract purchased at any time with 235
assets of a public assistance beneficiary, shall be deemed to be part of 236
the estate of the deceased beneficiary and shall be payable to the state 237
by the recipient of such annuity payments to the extent necessary to 238
achieve full reimbursement of any public assistance benefits paid to, or 239
on behalf of, the deceased beneficiary but only to the extent that the state 240
is required to recover such benefits under federal law or for support 241
payments due from parents under the provisions of section 17b-93, as 242
amended by this act, irrespective of any provision of law. The recipient 243
of beneficiary payments from any such annuity contract shall be solely 244
liable to the state of Connecticut for reimbursement of public assistance 245
benefits paid to, or on behalf of, the deceased beneficiary but only to the 246
extent that the state is required to recover such benefits under federal 247
law or for support payments due from parents under the provisions of 248 Raised Bill No. 5226
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section 17b-93, as amended by this act, to the extent of any payments 249
received by such recipient pursuant to the annuity contract. 250
(e) On and after July 1, [2021] 2022, the state shall not recover cash 251
assistance or medical assistance from a claim filed on any property, 252
property interest, proceeds from a cause of action or estate, unless the 253
state is required to recover such assistance under federal law or the 254
provisions of section 17b-93, as amended by this act. Any claim filed 255
under this section by or on behalf of the state on such property, property 256
interest, proceeds from a cause of action or estate prior to July 1, [2021] 257
2022, shall be released by the state if the recovery of such assistance is 258
not required under federal law or the provisions of section 17b-93, as 259
amended by this act. As used in this subsection, "cash assistance" means 260
payments made to a beneficiary of the aid to families with dependent 261
children program, the state-administered general assistance program, 262
the state supplement program or the temporary family assistance 263
program. 264
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 17b-93
Sec. 2 July 1, 2022 17b-94
Sec. 3 July 1, 2022 17b-95
HS Joint Favorable