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General Assembly Substitute Bill No. 283
February Session, 2022
AN ACT ELIMINATING INCOME AND ASSET LIMITS FOR THE MED -
CONNECT PROGRAM FOR PERSONS WITH DISABILITIES AND
INCREASING INCOME AND ASSET LIMITS FOR HUSKY C .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17b-597 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2022): 2
(a) The Department of Social Services shall establish and implement 3
a working persons with disabilities program to provide medical 4
assistance as authorized under 42 USC 1396a(a)(10)(A)(ii), as amended 5
from time to time, to persons who are disabled and regularly employed. 6
(b) The Commissioner of Social Services shall amend the Medicaid 7
state plan to allow persons specified in subsection (a) of this section to 8
qualify for medical assistance. The amendment shall [include the 9
following requirements: (1) That the person be engaged in a substantial 10
and reasonable work effort as determined by the commissioner and as 11
permitted by federal law and have an annual adjusted gross income, as 12
defined in Section 62 of the Internal Revenue Code of 1986, or any 13
subsequent corresponding internal revenue code of the United States, 14
as amended from time to time, of no more than seventy-five thousand 15
dollars per year; (2) a disregard of all countable income up to two 16
hundred per cent of the federal poverty level; (3) for an unmarried 17 Substitute Bill No. 283
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person, an asset limit of ten thousand dollars, and for a married couple, 18
an asset limit of fifteen thousand dollars; (4) a disregard of any 19
retirement and medical savings accounts established pursuant to 26 20
USC 220 and held by either the person or the person's spouse; (5) a 21
disregard of any moneys in accounts designated by the person or the 22
person's spouse for the purpose of purchasing goods or services that 23
will increase the employability of such person, subject to approval by 24
the commissioner; (6) a disregard of spousal income solely for purposes 25
of determination of eligibility; and (7)] require (1) that the person be 26
engaged in a substantial and reasonable work effort as determined by 27
the commissioner and as permitted by federal law; and (2) a 28
contribution of any countable income of the person or the person's 29
spouse which exceeds two hundred per cent of the federal poverty level, 30
as adjusted for the appropriate family size, equal to ten per cent of the 31
excess minus any premiums paid from income for health insurance by 32
any family member, but which does not exceed the maximum 33
contribution allowable under Section 201(a)(3) of Public Law 106-170, as 34
amended from time to time. 35
(c) The Commissioner of Social Services shall implement the policies 36
and procedures necessary to carry out the provisions of this section 37
while in the process of adopting such policies and procedures in 38
regulation form, provided notice of intent to adopt the regulations is 39
[published in the Connecticut Law Journal within twenty days after 40
implementation] posted on the eRegulations System in accordance with 41
section 17b-10. The commissioner shall define "countable income" for 42
purposes of subsection (b) of this section which shall take into account 43
impairment-related work expenses as defined in the Social Security Act. 44
Such policies and procedures shall be valid until the time final 45
regulations are effective. 46
Sec. 2. (NEW) (Effective July 1, 2022) The Commissioner of Social 47
Services shall increase the asset limits used to determine eligibility for 48
HUSKY C, as defined in section 17b-290 of the general statutes, from (1) 49
one thousand six hundred dollars to five thousand dollars for a single 50 Substitute Bill No. 283
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person, and (2) two thousand four hundred dollars to seven thousand 51
five hundred dollars for a married couple. 52
Sec. 3. Section 17b-261 of the 2022 supplement to the general statutes 53
is repealed and the following is substituted in lieu thereof (Effective July 54
1, 2022): 55
(a) Medical assistance shall be provided for any otherwise eligible 56
person (1) whose income, including any available support from legally 57
liable relatives and the income of the person's spouse or dependent 58
child, is not more than one hundred [forty-three per cent, pending 59
approval of a federal waiver applied for pursuant to subsection (e) of 60
this section, of the benefit amount paid to a person with no income 61
under the temporary family assistance program in the appropriate 62
region of residence and if] thirty-eight per cent of the federal poverty 63
level, and (2) if such person is an institutionalized individual as defined 64
in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), [and] such 65
person has not made an assignment or transfer or other disposition of 66
property for less than fair market value for the purpose of establishing 67
eligibility for benefits or assistance under this section. Any such 68
disposition shall be treated in accordance with Section 1917(c) of the 69
Social Security Act, 42 USC 1396p(c). Any disposition of property made 70
on behalf of an applicant or recipient or the spouse of an applicant or 71
recipient by a guardian, conservator, person authorized to make such 72
disposition pursuant to a power of attorney or other person so 73
authorized by law shall be attributed to such applicant, recipient or 74
spouse. A disposition of property ordered by a court shall be evaluated 75
in accordance with the standards applied to any other such disposition 76
for the purpose of determining eligibility. [The commissioner shall 77
establish the standards for eligibility for medical assistance at one 78
hundred forty-three per cent of the benefit amount paid to a household 79
of equal size with no income under the temporary family assistance 80
program in the appropriate region of residence.] In determining 81
eligibility, the commissioner shall not consider as income Aid and 82
Attendance pension benefits granted to a veteran, as defined in section 83 Substitute Bill No. 283
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27-103, or the surviving spouse of such veteran. Except as provided in 84
section 17b-277 and section 17b-292, the medical assistance program 85
shall provide coverage to persons under the age of nineteen with 86
household income up to one hundred ninety-six per cent of the federal 87
poverty level without an asset limit and to persons under the age of 88
nineteen, who qualify for coverage under Section 1931 of the Social 89
Security Act, with household income not exceeding one hundred 90
ninety-six per cent of the federal poverty level without an asset limit, 91
and their parents and needy caretaker relatives, who qualify for 92
coverage under Section 1931 of the Social Security Act, with household 93
income not exceeding one hundred fifty-five per cent of the federal 94
poverty level without an asset limit. Such levels shall be based on the 95
regional differences in such benefit amount, if applicable, unless such 96
levels based on regional differences are not in conformance with federal 97
law. Any income in excess of the applicable amounts shall be applied as 98
may be required by said federal law, and assistance shall be granted for 99
the balance of the cost of authorized medical assistance. The 100
Commissioner of Social Services shall provide applicants for assistance 101
under this section, at the time of application, with a written statement 102
advising them of [(1)] (A) the effect of an assignment or transfer or other 103
disposition of property on eligibility for benefits or assistance, [(2)] (B) 104
the effect that having income that exceeds the limits prescribed in this 105
subsection will have with respect to program eligibility, and [(3)] (C) the 106
availability of, and eligibility for, services provided by the Connecticut 107
Home Visiting System, established pursuant to section 17b-751b. For 108
coverage dates on or after January 1, 2014, the department shall use the 109
modified adjusted gross income financial eligibility rules set forth in 110
Section 1902(e)(14) of the Social Security Act and the implementing 111
regulations to determine eligibility for HUSKY A, HUSKY B and 112
HUSKY D applicants, as defined in section 17b-290. Persons who are 113
determined ineligible for assistance pursuant to this section shall be 114
provided a written statement notifying such persons of their ineligibility 115
and advising such persons of their potential eligibility for one of the 116
other insurance affordability programs as defined in 42 CFR 435.4. 117 Substitute Bill No. 283
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(b) For the purposes of the Medicaid program, the Commissioner of 118
Social Services shall consider parental income and resources as available 119
to a child under eighteen years of age who is living with his or her 120
parents and is blind or disabled for purposes of the Medicaid program, 121
or to any other child under twenty-one years of age who is living with 122
his or her parents. 123
(c) For the purposes of determining eligibility for the Medicaid 124
program, an available asset is one that is actually available to the 125
applicant or one that the applicant has the legal right, authority or 126
power to obtain or to have applied for the applicant's general or medical 127
support. If the terms of a trust provide for the support of an applicant, 128
the refusal of a trustee to make a distribution from the trust does not 129
render the trust an unavailable asset. Notwithstanding the provisions of 130
this subsection, the availability of funds in a trust or similar instrument 131
funded in whole or in part by the applicant or the applicant's spouse 132
shall be determined pursuant to the Omnibus Budget Reconciliation Act 133
of 1993, 42 USC 1396p. The provisions of this subsection shall not apply 134
to a special needs trust, as defined in 42 USC 1396p(d)(4)(A), as 135
amended from time to time. For purposes of determining whether a 136
beneficiary under a special needs trust, who has not received a disability 137
determination from the Social Security Administration, is disabled, as 138
defined in 42 USC 1382c(a)(3), the Commissioner of Social Services, or 139
the commissioner's designee, shall independently make such 140
determination. The commissioner shall not require such beneficiary to 141
apply for Social Security disability benefits or obtain a disability 142
determination from the Social Security Administration for purposes of 143
determining whether the beneficiary is disabled. 144
(d) The transfer of an asset in exchange for other valuable 145
consideration shall be allowable to the extent the value of the other 146
valuable consideration is equal to or greater than the value of the asset 147
transferred. 148
(e) The Commissioner of Social Services [shall seek a waiver from 149
federal law to permit federal financial participation for Medicaid 150 Substitute Bill No. 283
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expenditures for families with incomes of one hundred forty-three per 151
cent of the temporary family assistance program payment standard] 152
may seek federal approval for a Medicaid waiver or a Medicaid state 153
plan amendment to implement the provisions of this section. 154
(f) To the extent [permitted by] permissible under federal law, 155
Medicaid eligibility shall be extended for one year to a family that 156
becomes ineligible for medical assistance under Section 1931 of the 157
Social Security Act due to income from employment by one of its 158
members who is a caretaker relative or due to receipt of child support 159
income. A family receiving extended benefits on July 1, 2005, shall 160
receive the balance of such extended benefits, provided no such family 161
shall receive more than twelve additional months of such benefits. 162
(g) An institutionalized spouse applying for Medicaid and having a 163
spouse living in the community shall be required, to the maximum 164
extent permitted by law, to divert income to such community spouse in 165
order to raise the community spouse's income to the level of the 166
minimum monthly needs allowance, as described in Section 1924 of the 167
Social Security Act. Such diversion of income shall occur before the 168
community spouse is allowed to retain assets in excess of the 169
community spouse protected amount described in Section 1924 of the 170
Social Security Act. The Commissioner of Social Services, pursuant to 171
section 17b-10, may implement the provisions of this subsection while 172
in the process of adopting regulations, provided the commissioner 173
[prints] posts notice of intent to adopt the regulations [in the 174
Connecticut Law Journal within] on the eRegulations System not later 175
than twenty days [of] after adopting such policy. Such policy shall be 176
valid until the time final regulations are effective. 177
(h) To the extent permissible under federal law, an institutionalized 178
individual, as defined in Section 1917 of the Social Security Act, 42 USC 179
1396p(h)(3), shall not be determined ineligible for Medicaid solely on 180
the basis of the cash value of a life insurance policy worth less than ten 181
thousand dollars provided the individual is pursuing the surrender of 182
the policy. 183 Substitute Bill No. 283
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(i) Medical assistance shall be provided, in accordance with the 184
provisions of subsection (e) of section 17a-6, to any child under the 185
supervision of the Commissioner of Children and Families who is not 186
receiving Medicaid benefits, has not yet qualified for Medicaid benefits 187
or is otherwise ineligible for such benefits. Medical assistance shall also 188
be provided to any child in the behavioral services program operated 189
by the Department of Developmental Services who is not receiving 190
Medicaid benefits, has not yet qualified for Medicaid benefits or is 191
otherwise ineligible for benefits. To the extent practicable, the 192
Commissioner of Children and Families and the Commissioner of 193
Developmental Services shall apply for, or assist such child in qualifying 194
for, the Medicaid program. 195
(j) The Commissioner of Social Services shall provide Early and 196
Periodic Screening, Diagnostic and Treatment program services, as 197
required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 198
42 USC 1396d(r) and 42 USC 1396d(a)(4)(B) and applicable federal 199
regulations, to all persons who are under the age of twenty-one and 200
otherwise eligible for medical assistance under this section. 201
(k) A veteran, as defined in section 27-103, and any member of his or 202
her family, who applies for or receives assistance under the Medicaid 203
program, shall apply for all benefits for which he or she may be eligible 204
through the United States Department of Veterans Affairs or the United 205
States Department of Defense. 206
(l) On and after January 1, 2023, the Commissioner of Social Services 207
shall, within available appropriations, provide state-funded medical 208
assistance to any child eight years of age and younger, regardless of 209
immigration status, (1) whose household income does not exceed two 210
hundred one per cent of the federal poverty level without an asset limit, 211
and (2) who does not otherwise qualify for (A) Medicaid, (B) the 212
Children's Health Insurance Program, or (C) an offer of affordable, 213
employer-sponsored insurance, as defined in the Affordable Care Act, 214
as an employee or a dependent of an employee. 215 Substitute Bill No. 283
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 17b-597
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 17b-261
HS Joint Favorable Subst.