Connecticut 2022 Regular Session

Connecticut Senate Bill SB00376 Compare Versions

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7		-	General Assembly Substitute Bill No. 376
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	6	+	General Assembly Raised Bill No. 376
8	7		February Session, 2022
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	11	+	Referred to Committee on PUBLIC HEALTH
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	13	+
	14	+	Introduced by:
	15	+	(PH)
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14	20		AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
15	21		SERVICES' RECOMMENDATIONS REGARDING ABLE ACCOUNTS.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 3-39r of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective July 1, 2022): 2
21	27		(a) Notwithstanding any provision of the general statutes, moneys 3
22	28		invested in an individual ABLE account, contributions to an individual 4
23	29		ABLE account and distributions for qualified disability expenses 5
24	30		pursuant to sections 3-39j to 3-39q, inclusive, shall be disregarded for 6
25	31		purposes of determining an individual's eligibility for assistance under 7
26	32		the temporary family assistance program, as described in section 17b-8
27	33		112, programs funded under the federal Low Income Home Energy 9
28	34		Assistance Program block grant, the state-administered general 10
29	35		assistance program, established pursuant to section 17b-190, and any 11
30	36		other federally funded assistance or benefit program, including, but not 12
31	37		limited to, the state's medical assistance program, whenever such 13
32	38		program requires consideration of one or more financial circumstances 14
33		-	of an individual for the purpose of determining the individual's 15
	39	+	of an individual for the purpose of determining the individual's 15 Raised Bill No. 376
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34	45		eligibility to receive any assistance or benefit or the amount of any 16
35	46		assistance or benefit. 17
36		-	(b) Notwithstanding any provision of the general statutes, no moneys 18 Substitute Bill No. 376
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	47	+	(b) Notwithstanding any provision of the general statutes, no moneys 18
43	48		invested in the ABLE accounts shall be considered to be an asset for 19
44	49		purposes of determining an individual's eligibility for need-based, 20
45	50		institutional aid grants offered to an individual at the public eligible 21
46	51		educational institutions in the state. 22
47		-	Sec. 2. Section 3-39j of the 2022 supplement to the general statutes is 23
48		-	repealed and the following is substituted in lieu thereof (Effective July 1, 24
49		-	2022): 25
50		-	As used in this section and sections 3-39k to 3-39r, inclusive: 26
51		-	(1) "Achieving a better life experience account" or "ABLE account" 27
52		-	means an account established and maintained pursuant to sections 3-28
53		-	39k to 3-39q, inclusive, for the purposes of paying the qualified 29
54		-	disability expenses related to the blindness or disability of a designated 30
55		-	beneficiary. 31
56		-	(2) "Deposit" means a deposit, payment, contribution, gift or other 32
57		-	transfer of funds. 33
58		-	(3) "Depositor" means any person making a deposit into an ABLE 34
59		-	account pursuant to a participation agreement. 35
60		-	(4) "Designated beneficiary" means any eligible individual who [has 36
61		-	established an ABLE account under a qualified ABLE program and] is 37
62		-	the owner of [such] an ABLE account established under a qualified 38
63		-	ABLE program. 39
64		-	(5) "Disability certification" means, with respect to an individual, a 40
65		-	certification to the satisfaction of the Secretary of the Treasury of the 41
66		-	United States by the individual or the parent or guardian of the 42
67		-	individual or an individual establishing an ABLE account pursuant to 43
68		-	subsection (g) of section 3-39k, as amended by this act, that (A) certifies 44
69		-	that (i) the individual has a medically determinable physical or mental 45
70		-	impairment, that results in marked and severe functional limitations, 46
71		-	and that can be expected to result in death or that has lasted or can be 47
72		-	expected to last for a continuous period of not less than twelve months, 48 Substitute Bill No. 376
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79		-	or is blind within the meaning of Section 1614(a)(2) of the Social Security 49
80		-	Act, and (ii) such impairment or blindness occurred before the date on 50
81		-	which the individual attained the age of twenty-six, and (B) includes a 51
82		-	copy of the individual's diagnosis relating to the individual's relevant 52
83		-	impairment or blindness that is signed by a physician who is licensed 53
84		-	pursuant to chapter 370 or, to the extent permitted by federal law, (i) an 54
85		-	advanced practice registered nurse who is licensed pursuant to chapter 55
86		-	378, (ii) a physician assistant who is licensed pursuant to chapter 370, or 56
87		-	(iii) if the individual's impairment is blindness, an optometrist licensed 57
88		-	pursuant to chapter 380. 58
89		-	(6) "Eligible individual" means an individual who is entitled to 59
90		-	benefits during a taxable year based on blindness or disability under 60
91		-	Title II or XVI of the Social Security Act, and such blindness or disability 61
92		-	occurred before the date on which the individual attained the age of 62
93		-	twenty-six, provided a disability certification or self-certification with 63
94		-	respect to such individual is filed with the State Treasurer for such 64
95		-	taxable year. 65
96		-	(7) "Federal ABLE Act" means the federal ABLE Act of 2014, P.L. 113-66
97		-	295, as amended from time to time. 67
98		-	(8) "Participation agreement" means an agreement between the trust 68
99		-	established pursuant to section 3-39k and depositors that provides for 69
100		-	participation in an ABLE account for the benefit of a designated 70
101		-	beneficiary. 71
102		-	(9) "Qualified disability expenses" means any expenses related to an 72
103		-	eligible individual's blindness or disability that are made for the benefit 73
104		-	of an eligible individual who is the designated beneficiary, including the 74
105		-	following expenses: Education, housing, transportation, employment 75
106		-	training and support, assistive technology and personal support 76
107		-	services, health, prevention and wellness, financial management and 77
108		-	administrative services, legal fees, expenses for oversight and 78
109		-	monitoring, funeral and burial expenses, and other expenses that are 79
110		-	approved by the Secretary of the Treasury of the United States under 80 Substitute Bill No. 376
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117		-	regulations adopted by the Secretary pursuant to the federal ABLE Act. 81
118		-	(10) "Self-certification" means a certification, under penalty of 82
119		-	perjury, to the satisfaction of the Secretary of the Treasury of the United 83
120		-	States by an individual establishing an ABLE account that (A) certifies 84
121		-	that (i) the individual has a medically determinable physical or mental 85
122		-	impairment that results in marked and severe functional limitations and 86
123		-	that can be expected to result in death or that has lasted or can be 87
124		-	expected to last for a continuous period of not less than twelve months, 88
125		-	or is blind within the meaning of Section 1614(a)(2) of the Social Security 89
126		-	Act, (ii) such impairment or blindness occurred before the date on which 90
127		-	the individual attained the age of twenty-six, and (iii) the person 91
128		-	establishing the account is the individual who will be the designated 92
129		-	beneficiary of the account or is a person authorized to establish such 93
130		-	account under the provisions of subsection (g) of section 3-39k, as 94
131		-	amended by this act, and (B) includes the applicable diagnostic code 95
132		-	from those listed on Internal Revenue Service Form 5498-QA identifying 96
133		-	the individual's impairment. 97
134		-	Sec. 3. Section 3-39k of the general statutes is repealed and the 98
135		-	following is substituted in lieu thereof (Effective July 1, 2022): 99
136		-	(a) The State Treasurer (1) shall establish a qualified ABLE program 100
137		-	pursuant to the federal ABLE Act and sections 3-39j to 3-39q, inclusive, 101
138		-	and (2) may contract with any state with a qualified ABLE program 102
139		-	established pursuant to the federal ABLE Act to provide residents of this 103
140		-	state with access to such state's program. 104
141		-	(b) (1) Under the program established pursuant to subdivision (1) of 105
142		-	subsection (a) of this section: (A) The State Treasurer shall administer 106
143		-	individual ABLE accounts to encourage and assist eligible individuals 107
144		-	and their families in saving private funds to provide support for eligible 108
145		-	individuals, and (B) a person may make contributions to an individual 109
146		-	ABLE account to meet the qualified disability expenses of the 110
147		-	designated beneficiary of the account. 111 Substitute Bill No. 376
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154		-	(2) For the purposes of such program, there is established within the 112
155		-	Office of the State Treasurer the Connecticut Achieving A Better Life 113
156		-	Experience Trust. The trust shall constitute an instrumentality of the 114
157		-	state and shall perform essential governmental functions, as provided 115
158		-	in sections 3-39j to 3-39q, inclusive. The trust shall receive and hold all 116
159		-	payments and deposits intended for ABLE accounts as well as gifts, 117
160		-	bequests, endowments or federal, state or local grants and any other 118
161		-	funds from public or private sources and all earnings, until disbursed in 119
162		-	accordance with sections 3-39j to 3-39q, inclusive. 120
163		-	(c) (1) The amounts on deposit in the trust shall not constitute 121
164		-	property of the state and the trust shall not be construed to be a 122
165		-	department, institution or agency of the state. Amounts on deposit in 123
166		-	the trust shall not be commingled with state funds and the state shall 124
167		-	have no claim to or against, or interest in, such amounts, except as 125
168		-	provided in subdivision (2) of this subsection. Any contract entered into 126
169		-	by, or any obligation of, the trust shall not constitute a debt or obligation 127
170		-	of the state and the state shall have no obligation to any designated 128
171		-	beneficiary or any other person on account of the trust and all amounts 129
172		-	obligated to be paid from the trust shall be limited to amounts available 130
173		-	for such obligation on deposit in the trust. The amounts on deposit in 131
174		-	the trust may only be disbursed in accordance with the provisions of 132
175		-	sections 3-39j to 3-39q, inclusive. 133
176		-	(2) The trust shall continue in existence as long as it holds any 134
177		-	deposits or other funds or has any obligations and until its existence is 135
178		-	terminated by law, and upon termination of the trust, any unclaimed 136
179		-	assets of the trust shall return to the state. Property of the trust shall be 137
180		-	governed by section 3-61a. 138
181		-	(d) The State Treasurer shall be responsible for the receipt, 139
182		-	maintenance, administration, investment and disbursements of 140
183		-	amounts from the trust. The trust shall not receive deposits in any form 141
184		-	other than cash. No depositor or designated beneficiary may direct the 142
185		-	investment of any contributions or amounts held in the trust other than 143
186		-	in the specific fund options provided for by the trust and shall not direct 144 Substitute Bill No. 376
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193		-	investments in such specific fund options more than two times in any 145
194		-	calendar year. No interest, or portion of any interest, in the program 146
195		-	shall be used as security for a loan. 147
196		-	(e) A person may make deposits to an ABLE account to meet the 148
197		-	qualified disability expenses of the designated beneficiary of the 149
198		-	account, provided the trust and deposits meet the other requirements of 150
199		-	this section, the federal ABLE Act and any regulations adopted 151
200		-	pursuant to the federal ABLE Act by the Secretary of the Treasury of the 152
201		-	United States. 153
202		-	(f) On or before December 31, 2017, and annually thereafter, the State 154
203		-	Treasurer shall submit (1) in accordance with the provisions of 155
204		-	subsection (a) of section 3-37, a report to the Governor on the operations 156
205		-	of the trust, including the receipts, disbursements, assets, investments 157
206		-	and liabilities and administrative costs of the trust for the prior fiscal 158
207		-	year, and (2) in accordance with the provisions of section 11-4a, a report 159
208		-	on the trust and any contract entered into pursuant to subdivision (2) of 160
209		-	subsection (a) of this section to the joint standing committees of the 161
210		-	General Assembly having cognizance of matters relating to finance and 162
211		-	public health, and shall make such report available to each depositor 163
212		-	and designated beneficiary. The report required under subdivision (2) 164
213		-	of this subsection shall include, but need not be limited to: (A) The 165
214		-	number of ABLE accounts; (B) the total amount of contributions to such 166
215		-	accounts; (C) the total amount and nature of distributions from such 167
216		-	accounts; and (D) a description of issues relating to the abuse of such 168
217		-	accounts, if any. 169
218		-	(g) An ABLE account may be established (1) by the eligible 170
219		-	individual, (2) by a person selected by the eligible individual, or (3) if 171
220		-	the eligible individual is unable to establish an ABLE account, on behalf 172
221		-	of such individual by, in the following order: Such individual's agent 173
222		-	under a power of attorney, a conservator or legal guardian, spouse, 174
223		-	parent, sibling, grandparent, or a representative payee appointed for the 175
224		-	eligible individual by the Social Security Administration. 176 Substitute Bill No. 376
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231	52		This act shall take effect as follows and shall amend the following
232	53		sections:
233	54
234	55		Section 1 July 1, 2022 3-39r
235		-	Sec. 2 July 1, 2022 3-39j
236		-	Sec. 3 July 1, 2022 3-39k
237	56
238		-	PH Joint Favorable Subst.
	57	+	Statement of Purpose:
	58	+	To allow moneys invested in an individual ABLE account, contributions
	59	+	to an individual ABLE account and distributions for qualified disability
	60	+	expenses to be disregarded for the purposes of determining an
	61	+	individual's eligibility for assistance under the state-administered
	62	+	general assistance program.
	63	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	64	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	65	+	underlined.]
239	66