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General Assembly Raised Bill No. 6630
January Session, 2023
LCO No. 3836
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT INCREASING HUSKY C ASSET AND INCOME LIMITS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2023) (a) The Commissioner of 1
Social Services shall increase the asset limits used to determine 2
eligibility for HUSKY C, as defined in section 17b-290 of the general 3
statutes, from (1) one thousand six hundred dollars to ten thousand 4
dollars for an unmarried person, and (2) two thousand four hundred 5
dollars to fifteen thousand dollars for married persons. 6
(b) The Commissioner of Social Services shall allow any person, 7
whose income exceeds the income limits for HUSKY C but who 8
otherwise qualifies, to qualify for the program by spending down such 9
person's excess income over the HUSKY C income limits on incurred 10
medical bills in accordance with 42 CFR 435.831. 11
Sec. 2. Section 17b-261 of the general statutes is repealed and the 12
following is substituted in lieu thereof (Effective July 1, 2023): 13
(a) Medical assistance shall be provided for any otherwise eligible 14
person (1) whose income, including any available support from legally 15 Raised Bill No. 6630
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liable relatives and the income of the person's spouse or dependent 16
child, is not more than [one hundred forty-three per cent, pending 17
approval of a federal waiver applied for pursuant to subsection (e) of 18
this section, of the benefit amount paid to a person with no income 19
under the temporary family assistance program] one hundred thirty-20
eight per cent of the federal poverty level, and (2) if such person is an 21
institutionalized individual as defined in Section 1917 of the Social 22
Security Act, 42 USC 1396p(h)(3), [and] such person has not made an 23
assignment or transfer or other disposition of property for less than fair 24
market value for the purpose of establishing eligibility for benefits or 25
assistance under this section. Any such disposition shall be treated in 26
accordance with Section 1917(c) of the Social Security Act, 42 USC 27
1396p(c). Any disposition of property made on behalf of an applicant or 28
recipient or the spouse of an applicant or recipient by a guardian, 29
conservator, person authorized to make such disposition pursuant to a 30
power of attorney or other person so authorized by law shall be 31
attributed to such applicant, recipient or spouse. A disposition of 32
property ordered by a court shall be evaluated in accordance with the 33
standards applied to any other such disposition for the purpose of 34
determining eligibility. [The commissioner shall establish the standards 35
for eligibility for medical assistance at one hundred forty-three per cent 36
of the benefit amount paid to a household of equal size with no income 37
under the temporary family assistance program.] In determining 38
eligibility, the commissioner shall not consider as income Aid and 39
Attendance pension benefits granted to a veteran, as defined in section 40
27-103, or the surviving spouse of such veteran. Except as provided in 41
section 17b-277 and section 17b-292, the medical assistance program 42
shall provide coverage to persons under the age of nineteen with 43
household income up to one hundred ninety-six per cent of the federal 44
poverty level without an asset limit and to persons under the age of 45
nineteen, who qualify for coverage under Section 1931 of the Social 46
Security Act, with household income not exceeding one hundred 47
ninety-six per cent of the federal poverty level without an asset limit, 48
and their parents and needy caretaker relatives, who qualify for 49
coverage under Section 1931 of the Social Security Act, with household 50 Raised Bill No. 6630
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income not exceeding one hundred fifty-five per cent of the federal 51
poverty level without an asset limit. Such levels shall be based on the 52
regional differences in such benefit amount, if applicable, unless such 53
levels based on regional differences are not in conformance with federal 54
law. Any income in excess of the applicable amounts shall be applied as 55
may be required by said federal law, and assistance shall be granted for 56
the balance of the cost of authorized medical assistance. The 57
Commissioner of Social Services shall provide applicants for assistance 58
under this section, at the time of application, with a written statement 59
advising them of (A) the effect of an assignment or transfer or other 60
disposition of property on eligibility for benefits or assistance, (B) the 61
effect that having income that exceeds the limits prescribed in this 62
subsection will have with respect to program eligibility, and (C) the 63
availability of, and eligibility for, services provided by the Connecticut 64
Home Visiting System, established pursuant to section 17b-751b. For 65
coverage dates on or after January 1, 2014, the department shall use the 66
modified adjusted gross income financial eligibility rules set forth in 67
Section 1902(e)(14) of the Social Security Act and the implementing 68
regulations to determine eligibility for HUSKY A, HUSKY B and 69
HUSKY D applicants, as defined in section 17b-290. Persons who are 70
determined ineligible for assistance pursuant to this section shall be 71
provided a written statement notifying such persons of their ineligibility 72
and advising such persons of their potential eligibility for one of the 73
other insurance affordability programs as defined in 42 CFR 435.4. 74
(b) For the purposes of the Medicaid program, the Commissioner of 75
Social Services shall consider parental income and resources as available 76
to a child under eighteen years of age who is living with his or her 77
parents and is blind or disabled for purposes of the Medicaid program, 78
or to any other child under twenty-one years of age who is living with 79
his or her parents. 80
(c) For the purposes of determining eligibility for the Medicaid 81
program, an available asset is one that is actually available to the 82
applicant or one that the applicant has the legal right, authority or 83
power to obtain or to have applied for the applicant's general or medical 84 Raised Bill No. 6630
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support. If the terms of a trust provide for the support of an applicant, 85
the refusal of a trustee to make a distribution from the trust does not 86
render the trust an unavailable asset. Notwithstanding the provisions of 87
this subsection, the availability of funds in a trust or similar instrument 88
funded in whole or in part by the applicant or the applicant's spouse 89
shall be determined pursuant to the Omnibus Budget Reconciliation Act 90
of 1993, 42 USC 1396p. The provisions of this subsection shall not apply 91
to a special needs trust, as defined in 42 USC 1396p(d)(4)(A), as 92
amended from time to time. For purposes of determining whether a 93
beneficiary under a special needs trust, who has not received a disability 94
determination from the Social Security Administration, is disabled, as 95
defined in 42 USC 1382c(a)(3), the Commissioner of Social Services, or 96
the commissioner's designee, shall independently make such 97
determination. The commissioner shall not require such beneficiary to 98
apply for Social Security disability benefits or obtain a disability 99
determination from the Social Security Administration for purposes of 100
determining whether the beneficiary is disabled. 101
(d) The transfer of an asset in exchange for other valuable 102
consideration shall be allowable to the extent the value of the other 103
valuable consideration is equal to or greater than the value of the asset 104
transferred. 105
(e) The Commissioner of Social Services [shall seek a waiver from 106
federal law to permit federal financial participation for Medicaid 107
expenditures for families with incomes of one hundred forty-three per 108
cent of the temporary family assistance program payment standard] 109
may seek federal approval for a Medicaid waiver or a Medicaid state 110
plan amendment to implement the provisions of this section. 111
(f) To the extent [permitted by] permissible under federal law, 112
Medicaid eligibility shall be extended for one year to a family that 113
becomes ineligible for medical assistance under Section 1931 of the 114
Social Security Act due to income from employment by one of its 115
members who is a caretaker relative or due to receipt of child support 116
income. A family receiving extended benefits on July 1, 2005, shall 117 Raised Bill No. 6630
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receive the balance of such extended benefits, provided no such family 118
shall receive more than twelve additional months of such benefits. 119
(g) An institutionalized spouse applying for Medicaid and having a 120
spouse living in the community shall be required, to the maximum 121
extent permitted by law, to divert income to such community spouse in 122
order to raise the community spouse's income to the level of the 123
minimum monthly needs allowance, as described in Section 1924 of the 124
Social Security Act. Such diversion of income shall occur before the 125
community spouse is allowed to retain assets in excess of the 126
community spouse protected amount described in Section 1924 of the 127
Social Security Act. The Commissioner of Social Services, pursuant to 128
section 17b-10, may implement the provisions of this subsection while 129
in the process of adopting regulations, provided the commissioner 130
prints notice of intent to adopt the regulations in the Connecticut Law 131
Journal within twenty days of adopting such policy. Such policy shall 132
be valid until the time final regulations are effective. 133
(h) To the extent permissible under federal law, an institutionalized 134
individual, as defined in Section 1917 of the Social Security Act, 42 USC 135
1396p(h)(3), shall not be determined ineligible for Medicaid solely on 136
the basis of the cash value of a life insurance policy worth less than ten 137
thousand dollars provided the individual is pursuing the surrender of 138
the policy. 139
(i) Medical assistance shall be provided, in accordance with the 140
provisions of subsection (e) of section 17a-6, to any child under the 141
supervision of the Commissioner of Children and Families who is not 142
receiving Medicaid benefits, has not yet qualified for Medicaid benefits 143
or is otherwise ineligible for such benefits. Medical assistance shall also 144
be provided to any child in the behavioral services program operated 145
by the Department of Developmental Services who is not receiving 146
Medicaid benefits, has not yet qualified for Medicaid benefits or is 147
otherwise ineligible for benefits. To the extent practicable, the 148
Commissioner of Children and Families and the Commissioner of 149
Developmental Services shall apply for, or assist such child in qualifying 150 Raised Bill No. 6630
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for, the Medicaid program. 151
(j) The Commissioner of Social Services shall provide Early and 152
Periodic Screening, Diagnostic and Treatment program services, as 153
required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 154
42 USC 1396d(r) and 42 USC 1396d(a)(4)(B) and applicable federal 155
regulations, to all persons who are under the age of twenty-one and 156
otherwise eligible for medical assistance under this section. 157
(k) A veteran, as defined in section 27-103, and any member of his or 158
her family, who applies for or receives assistance under the Medicaid 159
program, shall apply for all benefits for which he or she may be eligible 160
through the United States Department of Veterans Affairs or the United 161
States Department of Defense. 162
(l) On and after January 1, 2023, the Commissioner of Social Services 163
shall, within available appropriations, provide state-funded medical 164
assistance to any child twelve years of age and younger, regardless of 165
immigration status, (1) whose household income does not exceed two 166
hundred one per cent of the federal poverty level without an asset limit, 167
and (2) who does not otherwise qualify for (A) Medicaid, (B) the 168
Children's Health Insurance Program, or (C) an offer of affordable, 169
employer-sponsored insurance, as defined in the Affordable Care Act, 170
as an employee or a dependent of an employee. A child eligible for such 171
assistance under this subsection shall continue to receive such assistance 172
until such child is nineteen years of age, provided the child continues to 173
meet the eligibility requirements prescribed in subdivisions (1) and (2) 174
of this subsection. 175
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 New section
Sec. 2 July 1, 2023 17b-261
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Statement of Purpose:
To increase income and asset limits for medical assistance applicants
and enrollees who are age sixty-five and older, have disabilities or are
blind.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]