Connecticut 2022 Regular Session

Connecticut Senate Bill SB00337 Compare Versions

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Version 2 (New)

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7	6		General Assembly Raised Bill No. 337
8	7		February Session, 2022
9	8		LCO No. 2466
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12	11		Referred to Committee on VETERANS' AFFAIRS
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15	14		Introduced by:
16	15		(VA)
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20	20		AN ACT CONCERNING FEDERAL VETERANS' BENEFITS AND
21	21		INCOME ELIGIBILITY DETERMINATIONS FOR CERTAIN PUBLIC
22	22		ASSISTANCE PROGRAMS.
23	23		Be it enacted by the Senate and House of Representatives in General
24	24		Assembly convened:
25	25
26	26		Section 1. Subsection (a) of section 17b-28i of the 2022 supplement to 1
27	27		the general statutes is repealed and the following is substituted in lieu 2
28	28		thereof (Effective July 1, 2022): 3
29	29		(a) To the extent permissible by federal law, the Commissioner of 4
30	30		Social Services shall disregard all federal [Aid and Attendance pension] 5
31	31		benefits administered by the United States Department of Veterans 6
32	32		Affairs and granted to a veteran or the surviving spouse of such veteran 7
33	33		when determining income eligibility for the state's Medicare savings, 8
34	34		medical assistance and energy assistance programs administered under 9
35	35		section 17b-2. As used in this subsection, "veteran" has the same 10
36	36		meaning as provided in section 27-103. 11
37	37		Sec. 2. Subsection (a) of section 17b-104 of the 2022 supplement to the 12
38		-	general statutes is repealed and the following is substituted in lieu 13 Raised Bill No. 337
	38	+	general statutes is repealed and the following is substituted in lieu 13
	39	+	thereof (Effective July 1, 2022): 14
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45		-	thereof (Effective July 1, 2022): 14
46	42		(a) The Commissioner of Social Services shall administer the program 15
47	43		of state supplementation to the Supplemental Security Income Program 16
48	44		provided for by the Social Security Act and state law. The commissioner 17
49	45		may delegate any powers and authority to any deputy, assistant, 18
50	46		investigator or supervisor, who shall have, within the scope of the 19
51	47		power and authority so delegated, all of the power and authority of the 20
52	48		Commissioner of Social Services. The commissioner shall establish a 21
53	49		standard of need based on the cost of living in this state for the 22
54	50		temporary family assistance program and the state-administered 23
55	51		general assistance program. The commissioner shall make a 24
56	52		reinvestigation, at least every twelve months, of all cases receiving aid 25
57	53		from the state, except that such reinvestigation may be conducted every 26
58	54		twenty-four months for recipients of assistance to the elderly or disabled 27
59	55		with stable circumstances, and shall maintain all case records of the 28
60	56		several programs administered by the Department of Social Services so 29
61	57		that such records show, at all times, full information with respect to 30
62	58		eligibility of the applicant or recipient. In the determination of need 31
63	59		under any public assistance program, such income or earnings shall be 32
64	60		disregarded as federal law requires, and such income or earnings may 33
65	61		be disregarded as federal law permits. In determining eligibility, the 34
66	62		commissioner shall disregard from income (1) [Aid and Attendance 35
67	63		pension] all federal benefits administered by the United States 36
68	64		Department of Veterans Affairs and granted to a veteran, as defined 37
69	65		[under] in section 27-103, or the surviving spouse of such veteran, and 38
70	66		(2) any tax refund or advance payment with respect to a refundable 39
71	67		credit to the same extent such refund or advance payment would be 40
72	68		disregarded under 26 USC 6409 in any federal program or state or local 41
73	69		program financed in whole or in part with federal funds. The 42
74	70		commissioner shall encourage and promulgate such incentive earning 43
75	71		programs as are permitted by federal law and regulations. 44
76	72		Sec. 3. Subsection (c) of section 17b-191 of the 2022 supplement to the 45
77		-	general statutes is repealed and the following is substituted in lieu 46 Raised Bill No. 337
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	73	+	general statutes is repealed and the following is substituted in lieu 46
84	74		thereof (Effective July 1, 2022): 47
85	75		(c) To be eligible for cash assistance under the program, a person shall 48
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86	78		(1) be (A) eighteen years of age or older; (B) a minor found by a court to 49
87	79		be emancipated pursuant to section 46b-150; or (C) under eighteen years 50
88	80		of age and the commissioner determines good cause for such person's 51
89	81		eligibility, and (2) not have assets exceeding two hundred fifty dollars 52
90	82		or, if such person is married, such person and his or her spouse shall not 53
91	83		have assets exceeding five hundred dollars. In determining eligibility, 54
92	84		the commissioner shall [not consider as] disregard from income (A) [Aid 55
93	85		and Attendance pension] all federal benefits administered by the United 56
94	86		States Department of Veterans Affairs and granted to a veteran, as 57
95	87		defined in section 27-103, or the surviving spouse of such veteran; and 58
96	88		(B) any tax refund or advance payment with respect to a refundable 59
97	89		credit to the same extent such refund or advance payment would be 60
98	90		disregarded under 26 USC 6409 in any federal program or state or local 61
99	91		program financed in whole or in part with federal funds. No person who 62
100	92		is a substance abuser and refuses or fails to enter available, appropriate 63
101	93		treatment shall be eligible for cash assistance under the program until 64
102	94		such person enters treatment. No person whose benefits from the 65
103	95		temporary family assistance program have terminated as a result of 66
104	96		time-limited benefits or for failure to comply with a program 67
105	97		requirement shall be eligible for cash assistance under the program. 68
106	98		Sec. 4. Section 17b-256f of the general statutes is repealed and the 69
107	99		following is substituted in lieu thereof (Effective July 1, 2022): 70
108	100		The Commissioner of Social Services shall increase income disregards 71
109	101		used to determine eligibility by the Department of Social Services for the 72
110	102		federal Qualified Medicare Beneficiary, the Specified Low-Income 73
111	103		Medicare Beneficiary and the Qualifying Individual programs, 74
112	104		administered in accordance with the provisions of 42 USC 1396d(p), by 75
113	105		such amounts that shall result in persons with income that is (1) less 76
114	106		than two hundred eleven per cent of the federal poverty level qualifying 77
115	107		for the Qualified Medicare Beneficiary program, (2) at or above two 78
116		-	hundred eleven per cent of the federal poverty level but less than two 79 Raised Bill No. 337
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	108	+	hundred eleven per cent of the federal poverty level but less than two 79
123	109		hundred thirty-one per cent of the federal poverty level qualifying for 80
124	110		the Specified Low-Income Medicare Beneficiary program, and (3) at or 81
125	111		above two hundred thirty-one per cent of the federal poverty level but 82
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126	114		less than two hundred forty-six per cent of the federal poverty level 83
127	115		qualifying for the Qualifying Individual program. The commissioner 84
128	116		shall not apply an asset test for eligibility under the Medicare Savings 85
129	117		Program. The commissioner shall [not consider as] disregard from 86
130	118		income [Aid and Attendance pension] all federal benefits administered 87
131	119		by the United States Department of Veterans Affairs and granted to a 88
132	120		veteran, as defined in section 27-103, or the surviving spouse of such 89
133	121		veteran. The Commissioner of Social Services, pursuant to section 17b-90
134	122		10, may implement policies and procedures to administer the provisions 91
135	123		of this section while in the process of adopting such policies and 92
136	124		procedures in regulation form, provided the commissioner prints notice 93
137	125		of the intent to adopt the regulations on the department's Internet web 94
138	126		site and the eRegulations System not later than twenty days after the 95
139	127		date of implementation. Such policies and procedures shall be valid 96
140	128		until the time final regulations are adopted. 97
141	129		Sec. 5. Subsection (a) of section 17b-261 of the 2022 supplement to the 98
142	130		general statutes is repealed and the following is substituted in lieu 99
143	131		thereof (Effective July 1, 2022): 100
144	132		(a) Medical assistance shall be provided for any otherwise eligible 101
145	133		person whose income, including any available support from legally 102
146	134		liable relatives and the income of the person's spouse or dependent 103
147	135		child, is not more than one hundred forty-three per cent, pending 104
148	136		approval of a federal waiver applied for pursuant to subsection (e) of 105
149	137		this section, of the benefit amount paid to a person with no income 106
150	138		under the temporary family assistance program in the appropriate 107
151	139		region of residence and if such person is an institutionalized individual 108
152	140		as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 109
153	141		and has not made an assignment or transfer or other disposition of 110
154	142		property for less than fair market value for the purpose of establishing 111
155		-	eligibility for benefits or assistance under this section. Any such 112 Raised Bill No. 337
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	143	+	eligibility for benefits or assistance under this section. Any such 112
162	144		disposition shall be treated in accordance with Section 1917(c) of the 113
163	145		Social Security Act, 42 USC 1396p(c). Any disposition of property made 114
164	146		on behalf of an applicant or recipient or the spouse of an applicant or 115
165	147		recipient by a guardian, conservator, person authorized to make such 116
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166	150		disposition pursuant to a power of attorney or other person so 117
167	151		authorized by law shall be attributed to such applicant, recipient or 118
168	152		spouse. A disposition of property ordered by a court shall be evaluated 119
169	153		in accordance with the standards applied to any other such disposition 120
170	154		for the purpose of determining eligibility. The commissioner shall 121
171	155		establish the standards for eligibility for medical assistance at one 122
172	156		hundred forty-three per cent of the benefit amount paid to a household 123
173	157		of equal size with no income under the temporary family assistance 124
174	158		program in the appropriate region of residence. In determining 125
175	159		eligibility, the commissioner shall [not consider as] disregard from 126
176	160		income [Aid and Attendance pension] all federal benefits administered 127
177	161		by the United States Department of Veterans Affairs and granted to a 128
178	162		veteran, as defined in section 27-103, or the surviving spouse of such 129
179	163		veteran. Except as provided in section 17b-277 and section 17b-292, the 130
180	164		medical assistance program shall provide coverage to persons under the 131
181	165		age of nineteen with household income up to one hundred ninety-six 132
182	166		per cent of the federal poverty level without an asset limit and to 133
183	167		persons under the age of nineteen, who qualify for coverage under 134
184	168		Section 1931 of the Social Security Act, with household income not 135
185	169		exceeding one hundred ninety-six per cent of the federal poverty level 136
186	170		without an asset limit, and their parents and needy caretaker relatives, 137
187	171		who qualify for coverage under Section 1931 of the Social Security Act, 138
188	172		with household income not exceeding one hundred fifty-five per cent of 139
189	173		the federal poverty level without an asset limit. Such levels shall be 140
190	174		based on the regional differences in such benefit amount, if applicable, 141
191	175		unless such levels based on regional differences are not in conformance 142
192	176		with federal law. Any income in excess of the applicable amounts shall 143
193	177		be applied as may be required by said federal law, and assistance shall 144
194	178		be granted for the balance of the cost of authorized medical assistance. 145
195	179		The Commissioner of Social Services shall provide applicants for 146
196		-	assistance under this section, at the time of application, with a written 147 Raised Bill No. 337
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	180	+	assistance under this section, at the time of application, with a written 147
203	181		statement advising them of (1) the effect of an assignment or transfer or 148
204	182		other disposition of property on eligibility for benefits or assistance, (2) 149
205	183		the effect that having income that exceeds the limits prescribed in this 150
206	184		subsection will have with respect to program eligibility, and (3) the 151
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207	187		availability of, and eligibility for, services provided by the Connecticut 152
208	188		Home Visiting System, established pursuant to section 17b-751b. For 153
209	189		coverage dates on or after January 1, 2014, the department shall use the 154
210	190		modified adjusted gross income financial eligibility rules set forth in 155
211	191		Section 1902(e)(14) of the Social Security Act and the implementing 156
212	192		regulations to determine eligibility for HUSKY A, HUSKY B and 157
213	193		HUSKY D applicants, as defined in section 17b-290. Persons who are 158
214	194		determined ineligible for assistance pursuant to this section shall be 159
215	195		provided a written statement notifying such persons of their ineligibility 160
216	196		and advising such persons of their potential eligibility for one of the 161
217	197		other insurance affordability programs as defined in 42 CFR 435.4. 162
218	198		Sec. 6. Subsection (l) of section 17b-342 of the 2022 supplement to the 163
219	199		general statutes is repealed and the following is substituted in lieu 164
220	200		thereof (Effective July 1, 2022): 165
221	201		(l) In determining eligibility for the program described in this section, 166
222	202		the commissioner shall [not consider as] disregard from income (1) [Aid 167
223	203		and Attendance pension] all federal benefits administered by the United 168
224	204		States Department of Veterans Affairs and granted to a veteran, as 169
225	205		defined in section 27-103, or the surviving spouse of such veteran, and 170
226	206		(2) any tax refund or advance payment with respect to a refundable 171
227	207		credit to the same extent such refund or advance payment would be 172
228	208		disregarded under 26 USC 6409 in any federal program or state or local 173
229	209		program financed in whole or in part with federal funds. 174
230	210		Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 175
231	211		repealed and the following is substituted in lieu thereof (Effective July 1, 176
232	212		2022): 177
233	213		(a) The Commissioner of Social Services shall administer a state-178
234		-	appropriated fuel assistance program to provide, within available 179 Raised Bill No. 337
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	214	+	appropriated fuel assistance program to provide, within available 179
241	215		appropriations, fuel assistance to elderly and disabled persons whose 180
242	216		household gross income is above the income eligibility guidelines for 181
243	217		the Connecticut energy assistance program but does not exceed two 182
244	218		hundred per cent of federal poverty guidelines. The income eligibility 183
245	219		guidelines for the state-appropriated fuel assistance program shall be 184
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246	222		determined, annually, by the Commissioner of Social Services, in 185
247	223		conjunction with the Secretary of the Office of Policy and Management. 186
248	224		In determining eligibility, the commissioner shall [not consider as] 187
249	225		disregard from income [Aid and Attendance pension] all federal 188
250	226		benefits administered by the United States Department of Veterans 189
251	227		Affairs and granted to a veteran, as defined [under] in section 27-103, or 190
252	228		the surviving spouse of such veteran. The commissioner may adopt 191
253	229		regulations, in accordance with the provisions of chapter 54, to 192
254	230		implement the provisions of this subsection. 193
255	231		This act shall take effect as follows and shall amend the following
256	232		sections:
257	233
258	234		Section 1 July 1, 2022 17b-28i(a)
259	235		Sec. 2 July 1, 2022 17b-104(a)
260	236		Sec. 3 July 1, 2022 17b-191(c)
261	237		Sec. 4 July 1, 2022 17b-256f
262	238		Sec. 5 July 1, 2022 17b-261(a)
263	239		Sec. 6 July 1, 2022 17b-342(l)
264	240		Sec. 7 July 1, 2022 17b-801(a)
265	241
266		-	VA Joint Favorable C/R APP
	242	+	Statement of Purpose:
	243	+	To disregard federal veterans' benefits from income eligibility
	244	+	determinations for certain public assistance programs.
	245	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	246	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	247	+	underlined.]
267	248