Connecticut 2022 Regular Session

Connecticut House Bill HB05226 Compare Versions

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Version 2 (New)

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7	7		General Assembly Raised Bill No. 5226
8	8		February Session, 2022
9	9		LCO No. 1457
10	10
11	11
12	12		Referred to Committee on HUMAN SERVICES
13	13
14	14
15	15		Introduced by:
16	16		(HS)
17	17
18	18
19	19
20	20		AN ACT LIMITING STATE RECOVERY OF PUBLIC ASSISTANCE
21	21		PAYMENTS.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 17b-93 of the 2022 supplement to the general 1
26	26		statutes is repealed and the following is substituted in lieu thereof 2
27	27		(Effective July 1, 2022): 3
28	28		(a) If a beneficiary of aid under the state supplement program, 4
29	29		medical assistance program, aid to families with dependent children 5
30	30		program, temporary family assistance program or state-administered 6
31	31		general assistance program has or acquires property of any kind or 7
32	32		interest in any property, estate or claim of any kind, except moneys 8
33	33		received for the replacement of real or personal property, the state of 9
34	34		Connecticut shall have a claim subject to subsections (b) and (c) of this 10
35	35		section, which shall have priority over all other unsecured claims and 11
36	36		unrecorded encumbrances, against such beneficiary for the amount 12
37	37		paid, subject to the provisions of section 17b-94, as amended by this act, 13
38	38		to the beneficiary or on the beneficiary's behalf under said programs but 14
39	39		only to the extent that the state is required to recover such amount under 15 Raised Bill No. 5226
40	40
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45	45
46	46		federal law. [; and, in] In addition thereto, the parents of an aid to 16
47	47		dependent children beneficiary, a state-administered general assistance 17
48	48		beneficiary or a temporary family assistance beneficiary shall be liable 18
49	49		to repay, subject to the provisions of section 17b-94, as amended by this 19
50	50		act, to the state the full amount of any such aid paid to or on behalf of 20
51	51		either parent, his or her spouse, and his or her dependent child or 21
52	52		children, as defined in section 17b-75, but only to the extent that the state 22
53	53		is required to recover such amount under federal law. The state of 23
54	54		Connecticut shall have a lien against property of any kind or interest in 24
55	55		any property, estate or claim of any kind of the parents of an aid to 25
56	56		dependent children, temporary family assistance or state administered 26
57	57		general assistance beneficiary, in addition and not in substitution of any 27
58	58		other state claim, for amounts owing under any order for support of any 28
59	59		court or any family support magistrate, including any arrearage under 29
60	60		such order, provided household goods and other personal property 30
61	61		identified in section 52-352b, real property pursuant to section 17b-79, 31
62	62		as long as such property is used as a home for the beneficiary and money 32
63	63		received for the replacement of real or personal property, shall be 33
64	64		exempt from such lien. 34
65	65		(b) Any person who received cash benefits under the aid to families 35
66	66		with dependent children program, the temporary family assistance 36
67	67		program or the state-administered general assistance program, when 37
68	68		such person was under eighteen years of age, shall not be liable to repay 38
69	69		the state for such assistance. 39
70	70		(c) No claim, except a claim required to be made under federal law, 40
71	71		shall be made, or lien applied, against any payment made pursuant to 41
72	72		chapter 135, any payment made pursuant to section 47-88d or 47-287, 42
73	73		any moneys received as a settlement or award in a housing or 43
74	74		employment or public accommodation discrimination case or in any 44
75	75		action brought by a tenant or occupant or former tenant or occupant 45
76	76		against an owner or lessor of a residential premises or manufactured 46
77	77		mobile home park, any court-ordered retroactive rent abatement, 47
78	78		including any made pursuant to subsection (e) of section 47a-14h or 48 Raised Bill No. 5226
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84	84
85	85		section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant 49
86	86		to subsection (d) of section 47a-21 paid to a beneficiary of assistance 50
87	87		under the state supplement program, medical assistance program, aid 51
88	88		to families with dependent children program, temporary family 52
89	89		assistance program or state-administered general assistance program or 53
90	90		paid to any person who has been supported wholly, or in part, by the 54
91	91		state, in accordance with section 17b-223, in a humane institution. 55
92	92		(d) Notwithstanding any provision of the general statutes, whenever 56
93	93		funds are collected pursuant to this section or section 17b-94, as 57
94	94		amended by this act, and the person who otherwise would have been 58
95	95		entitled to such funds is subject to a court-ordered current or arrearage 59
96	96		child support payment obligation in a IV-D support case, such funds 60
97	97		shall first be paid to the state for reimbursement of Medicaid funds 61
98	98		granted to such person for medical expenses incurred for injuries related 62
99	99		to a legal claim by such person which was the subject of the state's lien 63
100	100		and such funds shall then be paid to the Office of Child Support Services 64
101	101		for distribution pursuant to the federally mandated child support 65
102	102		distribution system implemented pursuant to subsection (j) of section 66
103	103		17b-179. The remainder, if any, shall be paid to the state for payment of 67
104	104		previously provided assistance through the state supplement program, 68
105	105		medical assistance program, aid to families with dependent children 69
106	106		program, temporary family assistance program or state-administered 70
107	107		general assistance program but only to the extent that the state is 71
108	108		required to recover such assistance under federal law. 72
109	109		(e) The Commissioner of Social Services shall adopt regulations, in 73
110	110		accordance with chapter 54, establishing criteria and procedures for 74
111	111		adjustment of the claim of the state of Connecticut under subsection (a) 75
112	112		of this section. The purpose of any such adjustment shall be to 76
113	113		encourage the positive involvement of noncustodial parents in the lives 77
114	114		of their children and to encourage noncustodial parents to begin making 78
115	115		regular support payments. 79
116	116		(f) On and after July 1, [2021] 2022, the state shall not recover cash 80
117	117		assistance or medical assistance from a lien filed on any real property, 81 Raised Bill No. 5226
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123	123
124	124		or a claim filed against property, a property interest or estate or claim of 82
125	125		any kind, unless the state is required to recover such assistance under 83
126	126		federal law or the provisions of this section. Any lien on real property 84
127	127		or state claim against property, a property interest or estate or claim of 85
128	128		any kind filed under this section by or on behalf of the state prior to July 86
129	129		1, [2021] 2022, shall be deemed released by the state if the recovery of 87
130	130		such assistance is not required under federal law or the provisions of 88
131	131		this section. As used in this subsection, "cash assistance" means 89
132	132		payments made to a beneficiary of the aid to families with dependent 90
133	133		children program, the state-administered general assistance program, 91
134	134		the state supplement program or the temporary family assistance 92
135	135		program. 93
136	136		Sec. 2. Section 17b-94 of the 2022 supplement to the general statutes 94
137	137		is repealed and the following is substituted in lieu thereof (Effective July 95
138	138		1, 2022): 96
139	139		(a) In the case of causes of action of beneficiaries of aid under the state 97
140	140		supplement program, medical assistance program, aid to families with 98
141	141		dependent children program, temporary family assistance program or 99
142	142		state-administered general assistance program, subject to subsections 100
143	143		(b) and (c) of section 17b-93, as amended by this act, or of a parent liable 101
144	144		to repay the state under the provisions of section 17b-93, as amended by 102
145	145		this act, the claim of the state shall be a lien against the proceeds 103
146	146		therefrom in the amount of the assistance paid but only to the extent that 104
147	147		the state is required to recover such assistance under federal law, or, in 105
148	148		the case of a parent subject to any order for support of any court or any 106
149	149		family support magistrate, including any arrearage under such order, 107
150	150		liable to repay the state under the provisions of section 17b-93, as 108
151	151		amended by this act, whose proceeds from the cause of action are not 109
152	152		subject to recovery under federal law, fifty per cent of the proceeds 110
153	153		received by such parent or the amount owed by such parent after 111
154	154		payment of all expenses connected with the cause of action, whichever 112
155	155		is less, for repayment under section 17b-93, as amended by this act, and 113
156	156		shall have priority over all other claims except attorney's fees for said 114 Raised Bill No. 5226
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163	163		causes, expenses of suit, costs of hospitalization connected with the 115
164	164		cause of action by whomever paid over and above hospital insurance or 116
165	165		other such benefits, and, for such period of hospitalization as was not 117
166	166		paid for by the state, physicians' fees for services during any such period 118
167	167		as are connected with the cause of action over and above medical 119
168	168		insurance or other such benefits. The proceeds of such causes of action 120
169	169		shall be assignable to the state for payment of the amount due under 121
170	170		this section and section 17b-93, as amended by this act, irrespective of 122
171	171		any other provision of law. Upon presentation to the attorney for the 123
172	172		beneficiary of an assignment of such proceeds executed by the 124
173	173		beneficiary or his conservator or guardian, such assignment shall 125
174	174		constitute an irrevocable direction to the attorney to pay the 126
175	175		Commissioner of Administrative Services in accordance with its terms, 127
176	176		except if, after settlement of the cause of action or judgment thereon, the 128
177	177		Commissioner of Administrative Services does not inform the attorney 129
178	178		for the beneficiary of the amount of lien which is to be paid to the 130
179	179		Commissioner of Administrative Services within forty-five days of 131
180	180		receipt of the written request of such attorney for such information, such 132
181	181		attorney may distribute such proceeds to such beneficiary and shall not 133
182	182		be liable for any loss the state may sustain thereby. 134
183	183		(b) In the case of an inheritance of an estate by a beneficiary of aid 135
184	184		under the state supplement program, medical assistance program, aid 136
185	185		to families with dependent children program, temporary family 137
186	186		assistance program or state-administered general assistance program, 138
187	187		subject to subsections (b) and (c) of section 17b-93, as amended by this 139
188	188		act, or [by a parent] by the parent of such beneficiary, liable to repay the 140
189	189		state under the provisions of section 17b-93, as amended by this act, the 141
190	190		amount of such assets equal to the amount of assistance paid but only 142
191	191		to the extent that the state is required to recover such amount under 143
192	192		federal law, or in the case of a parent subject to any order for support of 144
193	193		any court or any family support magistrate, including any arrearage 145
194	194		under such order, and liable to repay the state under the provisions of 146
195	195		section 17b-93, as amended by this act, whose inheritance is not subject 147
196	196		to recovery under federal law, fifty per cent of the assets of the estate 148 Raised Bill No. 5226
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202	202
203	203		payable to such parent, or the amount owed by such parent, whichever 149
204	204		is less, shall be assignable to the state for payment of the amount due 150
205	205		under section 17b-93, as amended by this act. The state shall have a lien 151
206	206		against such assets in the applicable amount specified in this subsection. 152
207	207		The Court of Probate shall accept any such assignment executed by the 153
208	208		beneficiary or parent or any such lien notice if such assignment or lien 154
209	209		notice is filed by the Commissioner of Administrative Services with the 155
210	210		court prior to the distribution of such inheritance, and to the extent of 156
211	211		such inheritance not already distributed, the court shall order 157
212	212		distribution in accordance with such assignment or lien notice. If the 158
213	213		Commissioner of Administrative Services receives any assets of an 159
214	214		estate pursuant to any such assignment, the commissioner shall be 160
215	215		subject to the same duties and liabilities concerning such assigned assets 161
216	216		as the beneficiary or parent. 162
217	217		(c) On and after July 1, [2021] 2022, the state shall not recover cash 163
218	218		assistance or medical assistance from a claim filed on any property, 164
219	219		property interest, proceeds from a cause of action or estate, unless the 165
220	220		state is required to recover such assistance under federal law or the 166
221	221		provisions of section 17b-93, as amended by this act. Any claim filed 167
222	222		under this section by or on behalf of the state on such property, property 168
223	223		interest, proceeds from a cause of action or estate prior to July 1, [2021] 169
224	224		2022, shall be released by the state if the recovery of such assistance is 170
225	225		not required under federal law or the provisions of section 17b-93, as 171
226	226		amended by this act. As used in this subsection, "cash assistance" means 172
227	227		payments made to a beneficiary of the aid to families with dependent 173
228	228		children program, the state-administered general assistance program, 174
229	229		the state supplement program or the temporary family assistance 175
230	230		program. 176
231	231		Sec. 3. Section 17b-95 of the 2022 supplement to the general statutes 177
232	232		is repealed and the following is substituted in lieu thereof (Effective July 178
233	233		1, 2022): 179
234	234		(a) Subject to the provisions of subsection (b) of this section, upon the 180
235	235		death of a parent of a child who has, at any time, been a beneficiary 181 Raised Bill No. 5226
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241	241
242	242		under the program of aid to families with dependent children, the 182
243	243		temporary family assistance program or the state-administered general 183
244	244		assistance program, or upon the death of any person who has at any 184
245	245		time been a beneficiary of aid under the state supplement program, 185
246	246		medical assistance program, aid to families with dependent children 186
247	247		program, temporary family assistance program or state-administered 187
248	248		general assistance program, except as provided in subsection (b) of 188
249	249		section 17b-93, as amended by this act, the state shall have a claim 189
250	250		against such parent's or person's estate for all amounts paid on behalf of 190
251	251		each such child but only to the extent that the state is required to recover 191
252	252		such amounts under federal law, or the provisions of section 17b-93, as 192
253	253		amended by this act, or for the support of either parent or such child or 193
254	254		such person under the state supplement program, medical assistance 194
255	255		program, aid to families with dependent children program, temporary 195
256	256		family assistance program or state-administered general assistance 196
257	257		program for which the state has not been reimbursed and that the state 197
258	258		is required to recover under federal law or the provisions of section 17b-198
259	259		93, as amended by this act, to the extent that the amount which the 199
260	260		surviving spouse, parent or dependent children of the decedent would 200
261	261		otherwise take from such estate is not needed for their support. 201
262	262		Notwithstanding the provisions of this subsection, effective for services 202
263	263		provided on or after January 1, 2014, no state claim pursuant to this 203
264	264		section shall be made against the estate of a recipient of medical 204
265	265		assistance under the Medicaid Coverage for the Lowest Income 205
266	266		Populations program, established pursuant to Section 206
267	267		1902(a)(10)(A)(i)(VIII) of the Social Security Act, as amended from time 207
268	268		to time, except to the extent required by federal law. 208
269	269		(b) In the case of any person dying after October 1, 1959, the claim for 209
270	270		medical payments, even though such payments were made prior 210
271	271		thereto, shall be restricted to medical disbursements actually made for 211
272	272		care of such deceased beneficiary. 212
273	273		(c) Claims pursuant to this section shall have priority over all 213
274	274		unsecured claims against such estate, except (1) expenses of last sickness 214 Raised Bill No. 5226
275	275
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281	281		not to exceed three hundred seventy-five dollars, (2) funeral and burial 215
282	282		expenses in accordance with sections 17b-84 and 17b-131, and (3) 216
283	283		administrative expenses, including probate fees and taxes, and 217
284	284		including fiduciary fees not exceeding the following commissions on the 218
285	285		value of the whole estates accounted for by such fiduciaries: On the first 219
286	286		two thousand dollars or portion thereof, five per cent; on the next eight 220
287	287		thousand dollars or portion thereof, four per cent; on the excess over ten 221
288	288		thousand dollars, three per cent. Upon petition by any fiduciary, the 222
289	289		Probate Court, after a hearing thereon, may authorize compensation in 223
290	290		excess of the above schedule for extraordinary services. Notice of any 224
291	291		such petition and hearing shall be given to the Commissioner of 225
292	292		Administrative Services in Hartford at least ten days in advance of such 226
293	293		hearing. The allowable funeral and burial payment herein shall be 227
294	294		reduced by the amount of any prepaid funeral arrangement. Any 228
295	295		amount paid from the estate under this section to any person which 229
296	296		exceeds the limits provided herein shall be repaid to the estate by such 230
297	297		person, and such amount may be recovered in a civil action with interest 231
298	298		at six per cent from the date of demand. 232
299	299		(d) For purposes of this section, all sums due on or after July 1, 2003, 233
300	300		to any individual after the death of a public assistance beneficiary 234
301	301		pursuant to the terms of an annuity contract purchased at any time with 235
302	302		assets of a public assistance beneficiary, shall be deemed to be part of 236
303	303		the estate of the deceased beneficiary and shall be payable to the state 237
304	304		by the recipient of such annuity payments to the extent necessary to 238
305	305		achieve full reimbursement of any public assistance benefits paid to, or 239
306	306		on behalf of, the deceased beneficiary but only to the extent that the state 240
307	307		is required to recover such benefits under federal law or for support 241
308	308		payments due from parents under the provisions of section 17b-93, as 242
309	309		amended by this act, irrespective of any provision of law. The recipient 243
310	310		of beneficiary payments from any such annuity contract shall be solely 244
311	311		liable to the state of Connecticut for reimbursement of public assistance 245
312	312		benefits paid to, or on behalf of, the deceased beneficiary but only to the 246
313	313		extent that the state is required to recover such benefits under federal 247
314	314		law or for support payments due from parents under the provisions of 248 Raised Bill No. 5226
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321	321		section 17b-93, as amended by this act, to the extent of any payments 249
322	322		received by such recipient pursuant to the annuity contract. 250
323	323		(e) On and after July 1, [2021] 2022, the state shall not recover cash 251
324	324		assistance or medical assistance from a claim filed on any property, 252
325	325		property interest, proceeds from a cause of action or estate, unless the 253
326	326		state is required to recover such assistance under federal law or the 254
327	327		provisions of section 17b-93, as amended by this act. Any claim filed 255
328	328		under this section by or on behalf of the state on such property, property 256
329	329		interest, proceeds from a cause of action or estate prior to July 1, [2021] 257
330	330		2022, shall be released by the state if the recovery of such assistance is 258
331	331		not required under federal law or the provisions of section 17b-93, as 259
332	332		amended by this act. As used in this subsection, "cash assistance" means 260
333	333		payments made to a beneficiary of the aid to families with dependent 261
334	334		children program, the state-administered general assistance program, 262
335	335		the state supplement program or the temporary family assistance 263
336	336		program. 264
337	337		This act shall take effect as follows and shall amend the following
338	338		sections:
339	339
340	340		Section 1 July 1, 2022 17b-93
341	341		Sec. 2 July 1, 2022 17b-94
342	342		Sec. 3 July 1, 2022 17b-95
343	343
344	344		HS Joint Favorable
345		-	FIN Joint Favorable
346	345