Connecticut 2023 Regular Session

Connecticut House Bill HB06630 Compare Versions

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Version 2 (New)

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5		-	General Assembly ~~Substitute~~ Bill No. 6630
	5	+	General Assembly Raised Bill No. 6630
6	6		January Session, 2023
	7	+	LCO No. 3836
	8	+
	9	+
	10	+	Referred to Committee on HUMAN SERVICES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(HS)
	15	+
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10	19		AN ACT INCREASING HUSKY C ASSET AND INCOME LIMITS.
11	20		Be it enacted by the Senate and House of Representatives in General
12	21		Assembly convened:
13	22
14	23		Section 1. (NEW) (Effective July 1, 2023) (a) The Commissioner of 1
15	24		Social Services shall increase the asset limits used to determine 2
16	25		eligibility for HUSKY C, as defined in section 17b-290 of the general 3
17	26		statutes, from (1) one thousand six hundred dollars to ten thousand 4
18	27		dollars for an unmarried person, and (2) two thousand four hundred 5
19	28		dollars to fifteen thousand dollars for married persons. 6
20	29		(b) The Commissioner of Social Services shall allow any person, 7
21	30		whose income exceeds the income limits for HUSKY C but who 8
22	31		otherwise qualifies, to qualify for the program by spending down such 9
23	32		person's excess income over the HUSKY C income limits on incurred 10
24	33		medical bills in accordance with 42 CFR 435.831. 11
25	34		Sec. 2. Section 17b-261 of the general statutes is repealed and the 12
26	35		following is substituted in lieu thereof (Effective July 1, 2023): 13
27	36		(a) Medical assistance shall be provided for any otherwise eligible 14
28		-	person (1) whose income, including any available support from legally 15
	37	+	person (1) whose income, including any available support from legally 15 Raised Bill No. 6630
	38	+
	39	+
	40	+
	41	+	LCO No. 3836 2 of 7
	42	+
29	43		liable relatives and the income of the person's spouse or dependent 16
30	44		child, is not more than [one hundred forty-three per cent, pending 17
31	45		approval of a federal waiver applied for pursuant to subsection (e) of 18
32	46		this section, of the benefit amount paid to a person with no income 19
33		-	under the temporary family assistance program] one hundred thirty-20 Substitute Bill No. 6630
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35		-
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	47	+	under the temporary family assistance program] one hundred thirty-20
38	48		eight per cent of the federal poverty level, and (2) if such person is an 21
39	49		institutionalized individual as defined in Section 1917 of the Social 22
40		-	Security Act, 42 USC 1396p(h)(3), and such person has not made an 23
	50	+	Security Act, 42 USC 1396p(h)(3), [and] such person has not made an 23
41	51		assignment or transfer or other disposition of property for less than fair 24
42	52		market value for the purpose of establishing eligibility for benefits or 25
43	53		assistance under this section. Any such disposition shall be treated in 26
44	54		accordance with Section 1917(c) of the Social Security Act, 42 USC 27
45	55		1396p(c). Any disposition of property made on behalf of an applicant or 28
46	56		recipient or the spouse of an applicant or recipient by a guardian, 29
47	57		conservator, person authorized to make such disposition pursuant to a 30
48	58		power of attorney or other person so authorized by law shall be 31
49	59		attributed to such applicant, recipient or spouse. A disposition of 32
50	60		property ordered by a court shall be evaluated in accordance with the 33
51	61		standards applied to any other such disposition for the purpose of 34
52	62		determining eligibility. [The commissioner shall establish the standards 35
53	63		for eligibility for medical assistance at one hundred forty-three per cent 36
54	64		of the benefit amount paid to a household of equal size with no income 37
55	65		under the temporary family assistance program.] In determining 38
56	66		eligibility, the commissioner shall not consider as income Aid and 39
57	67		Attendance pension benefits granted to a veteran, as defined in section 40
58	68		27-103, or the surviving spouse of such veteran. Except as provided in 41
59	69		section 17b-277 and section 17b-292, the medical assistance program 42
60	70		shall provide coverage to persons under the age of nineteen with 43
61	71		household income up to one hundred ninety-six per cent of the federal 44
62	72		poverty level without an asset limit and to persons under the age of 45
63	73		nineteen, who qualify for coverage under Section 1931 of the Social 46
64	74		Security Act, with household income not exceeding one hundred 47
65	75		ninety-six per cent of the federal poverty level without an asset limit, 48
66	76		and their parents and needy caretaker relatives, who qualify for 49
67		-	coverage under Section 1931 of the Social Security Act, with household 50
	77	+	coverage under Section 1931 of the Social Security Act, with household 50 Raised Bill No. 6630
	78	+
	79	+
	80	+
	81	+	LCO No. 3836 3 of 7
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68	83		income not exceeding one hundred fifty-five per cent of the federal 51
69	84		poverty level without an asset limit. Such levels shall be based on the 52
70	85		regional differences in such benefit amount, if applicable, unless such 53
71	86		levels based on regional differences are not in conformance with federal 54
72		-	law. Any income in excess of the applicable amounts shall be applied as 55 Substitute Bill No. 6630
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	87	+	law. Any income in excess of the applicable amounts shall be applied as 55
77	88		may be required by said federal law, and assistance shall be granted for 56
78	89		the balance of the cost of authorized medical assistance. The 57
79	90		Commissioner of Social Services shall provide applicants for assistance 58
80	91		under this section, at the time of application, with a written statement 59
81	92		advising them of (A) the effect of an assignment or transfer or other 60
82	93		disposition of property on eligibility for benefits or assistance, (B) the 61
83	94		effect that having income that exceeds the limits prescribed in this 62
84	95		subsection will have with respect to program eligibility, and (C) the 63
85	96		availability of, and eligibility for, services provided by the Connecticut 64
86	97		Home Visiting System, established pursuant to section 17b-751b. For 65
87	98		coverage dates on or after January 1, 2014, the department shall use the 66
88	99		modified adjusted gross income financial eligibility rules set forth in 67
89	100		Section 1902(e)(14) of the Social Security Act and the implementing 68
90	101		regulations to determine eligibility for HUSKY A, HUSKY B and 69
91	102		HUSKY D applicants, as defined in section 17b-290. Persons who are 70
92	103		determined ineligible for assistance pursuant to this section shall be 71
93	104		provided a written statement notifying such persons of their ineligibility 72
94	105		and advising such persons of their potential eligibility for one of the 73
95	106		other insurance affordability programs as defined in 42 CFR 435.4. 74
96	107		(b) For the purposes of the Medicaid program, the Commissioner of 75
97	108		Social Services shall consider parental income and resources as available 76
98	109		to a child under eighteen years of age who is living with his or her 77
99	110		parents and is blind or disabled for purposes of the Medicaid program, 78
100	111		or to any other child under twenty-one years of age who is living with 79
101	112		his or her parents. 80
102	113		(c) For the purposes of determining eligibility for the Medicaid 81
103	114		program, an available asset is one that is actually available to the 82
104	115		applicant or one that the applicant has the legal right, authority or 83
105		-	power to obtain or to have applied for the applicant's general or medical 84
	116	+	power to obtain or to have applied for the applicant's general or medical 84 Raised Bill No. 6630
	117	+
	118	+
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	120	+	LCO No. 3836 4 of 7
	121	+
106	122		support. If the terms of a trust provide for the support of an applicant, 85
107	123		the refusal of a trustee to make a distribution from the trust does not 86
108	124		render the trust an unavailable asset. Notwithstanding the provisions of 87
109	125		this subsection, the availability of funds in a trust or similar instrument 88
110		-	funded in whole or in part by the applicant or the applicant's spouse 89 Substitute Bill No. 6630
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	126	+	funded in whole or in part by the applicant or the applicant's spouse 89
115	127		shall be determined pursuant to the Omnibus Budget Reconciliation Act 90
116	128		of 1993, 42 USC 1396p. The provisions of this subsection shall not apply 91
117	129		to a special needs trust, as defined in 42 USC 1396p(d)(4)(A), as 92
118	130		amended from time to time. For purposes of determining whether a 93
119	131		beneficiary under a special needs trust, who has not received a disability 94
120	132		determination from the Social Security Administration, is disabled, as 95
121	133		defined in 42 USC 1382c(a)(3), the Commissioner of Social Services, or 96
122	134		the commissioner's designee, shall independently make such 97
123	135		determination. The commissioner shall not require such beneficiary to 98
124	136		apply for Social Security disability benefits or obtain a disability 99
125	137		determination from the Social Security Administration for purposes of 100
126	138		determining whether the beneficiary is disabled. 101
127	139		(d) The transfer of an asset in exchange for other valuable 102
128	140		consideration shall be allowable to the extent the value of the other 103
129	141		valuable consideration is equal to or greater than the value of the asset 104
130	142		transferred. 105
131	143		(e) The Commissioner of Social Services [shall seek a waiver from 106
132	144		federal law to permit federal financial participation for Medicaid 107
133	145		expenditures for families with incomes of one hundred forty-three per 108
134	146		cent of the temporary family assistance program payment standard] 109
135	147		may seek federal approval for a Medicaid waiver or a Medicaid state 110
136	148		plan amendment to implement the provisions of this section. 111
137	149		(f) To the extent [permitted by] permissible under federal law, 112
138	150		Medicaid eligibility shall be extended for one year to a family that 113
139	151		becomes ineligible for medical assistance under Section 1931 of the 114
140	152		Social Security Act due to income from employment by one of its 115
141	153		members who is a caretaker relative or due to receipt of child support 116
142		-	income. A family receiving extended benefits on July 1, 2005, shall 117
	154	+	income. A family receiving extended benefits on July 1, 2005, shall 117 Raised Bill No. 6630
	155	+
	156	+
	157	+
	158	+	LCO No. 3836 5 of 7
	159	+
143	160		receive the balance of such extended benefits, provided no such family 118
144	161		shall receive more than twelve additional months of such benefits. 119
145	162		(g) An institutionalized spouse applying for Medicaid and having a 120
146		-	spouse living in the community shall be required, to the maximum 121 Substitute Bill No. 6630
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	163	+	spouse living in the community shall be required, to the maximum 121
151	164		extent permitted by law, to divert income to such community spouse in 122
152	165		order to raise the community spouse's income to the level of the 123
153	166		minimum monthly needs allowance, as described in Section 1924 of the 124
154	167		Social Security Act. Such diversion of income shall occur before the 125
155	168		community spouse is allowed to retain assets in excess of the 126
156	169		community spouse protected amount described in Section 1924 of the 127
157	170		Social Security Act. The Commissioner of Social Services, pursuant to 128
158	171		section 17b-10, may implement the provisions of this subsection while 129
159	172		in the process of adopting regulations, provided the commissioner 130
160	173		prints notice of intent to adopt the regulations in the Connecticut Law 131
161	174		Journal within twenty days of adopting such policy. Such policy shall 132
162	175		be valid until the time final regulations are effective. 133
163	176		(h) To the extent permissible under federal law, an institutionalized 134
164	177		individual, as defined in Section 1917 of the Social Security Act, 42 USC 135
165	178		1396p(h)(3), shall not be determined ineligible for Medicaid solely on 136
166	179		the basis of the cash value of a life insurance policy worth less than ten 137
167	180		thousand dollars provided the individual is pursuing the surrender of 138
168	181		the policy. 139
169	182		(i) Medical assistance shall be provided, in accordance with the 140
170	183		provisions of subsection (e) of section 17a-6, to any child under the 141
171	184		supervision of the Commissioner of Children and Families who is not 142
172	185		receiving Medicaid benefits, has not yet qualified for Medicaid benefits 143
173	186		or is otherwise ineligible for such benefits. Medical assistance shall also 144
174	187		be provided to any child in the behavioral services program operated 145
175	188		by the Department of Developmental Services who is not receiving 146
176	189		Medicaid benefits, has not yet qualified for Medicaid benefits or is 147
177	190		otherwise ineligible for benefits. To the extent practicable, the 148
178	191		Commissioner of Children and Families and the Commissioner of 149
179		-	Developmental Services shall apply for, or assist such child in qualifying 150
	192	+	Developmental Services shall apply for, or assist such child in qualifying 150 Raised Bill No. 6630
	193	+
	194	+
	195	+
	196	+	LCO No. 3836 6 of 7
	197	+
180	198		for, the Medicaid program. 151
181	199		(j) The Commissioner of Social Services shall provide Early and 152
182	200		Periodic Screening, Diagnostic and Treatment program services, as 153
183		-	required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 154 Substitute Bill No. 6630
184		-
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	201	+	required and defined as of December 31, 2005, by 42 USC 1396a(a)(43), 154
188	202		42 USC 1396d(r) and 42 USC 1396d(a)(4)(B) and applicable federal 155
189	203		regulations, to all persons who are under the age of twenty-one and 156
190	204		otherwise eligible for medical assistance under this section. 157
191	205		(k) A veteran, as defined in section 27-103, and any member of his or 158
192	206		her family, who applies for or receives assistance under the Medicaid 159
193	207		program, shall apply for all benefits for which he or she may be eligible 160
194	208		through the United States Department of Veterans Affairs or the United 161
195	209		States Department of Defense. 162
196	210		(l) On and after January 1, 2023, the Commissioner of Social Services 163
197	211		shall, within available appropriations, provide state-funded medical 164
198	212		assistance to any child twelve years of age and younger, regardless of 165
199	213		immigration status, (1) whose household income does not exceed two 166
200	214		hundred one per cent of the federal poverty level without an asset limit, 167
201	215		and (2) who does not otherwise qualify for (A) Medicaid, (B) the 168
202	216		Children's Health Insurance Program, or (C) an offer of affordable, 169
203	217		employer-sponsored insurance, as defined in the Affordable Care Act, 170
204	218		as an employee or a dependent of an employee. A child eligible for such 171
205	219		assistance under this subsection shall continue to receive such assistance 172
206	220		until such child is nineteen years of age, provided the child continues to 173
207	221		meet the eligibility requirements prescribed in subdivisions (1) and (2) 174
208	222		of this subsection. 175
209	223		This act shall take effect as follows and shall amend the following
210	224		sections:
211	225
212	226		Section 1 July 1, 2023 New section
213	227		Sec. 2 July 1, 2023 17b-261
	228	+	Raised Bill No. 6630
214	229
215		-	Statement of Legislative Commissioners:
216		-	In Section 2(a)(2), "[and] such person" was changed to "and such person"
217		-	for clarity.
218	230
219		-	HS Joint Favorable Subst.-LCO C/R APP
	231	+
	232	+	LCO No. 3836 7 of 7
	233	+
	234	+	Statement of Purpose:
	235	+	To increase income and asset limits for medical assistance applicants
	236	+	and enrollees who are age sixty-five and older, have disabilities or are
	237	+	blind.
	238	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	239	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	240	+	underlined.]
220	241