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General Assembly Substitute Bill No. 1300
January Session, 2025
AN ACT CONCERNING COMPENSATING SPOUSES FOR STATE -
FUNDED HOME CARE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (i) of section 17b-342 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2025): 3
(i) (1) The Commissioner of Social Services shall, within available 4
appropriations, administer a state-funded portion of the Connecticut 5
home-care program for the elderly for persons (A) who are sixty-five 6
years of age and older and are not eligible for Medicaid; (B) who are 7
inappropriately institutionalized or at risk of inappropriate 8
institutionalization; (C) whose income is less than or equal to the 9
amount allowed for a person who would be eligible for medical 10
assistance if residing in a nursing facility; and (D) whose assets, if single, 11
do not exceed one hundred fifty per cent of the federal minimum 12
community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) 13
or, if married, the couple's assets do not exceed two hundred per cent of 14
said community spouse protected amount. For program applications 15
received by the Department of Social Services for the fiscal years ending 16
June 30, 2016, and June 30, 2017, only persons who require the level of 17
care provided in a nursing home shall be eligible for the state-funded 18
portion of the program, except for persons residing in affordable 19
housing under the assisted living demonstration project established 20 Substitute Bill No. 1300
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pursuant to section 17b-347e who are otherwise eligible in accordance 21
with this section. 22
(2) Except for persons residing in affordable housing under the 23
assisted living demonstration project established pursuant to section 24
17b-347e, as provided in subdivision (3) of this subsection, any person 25
whose income is at or below two hundred per cent of the federal poverty 26
level and who is ineligible for Medicaid shall contribute three per cent 27
of the cost of his or her care. Any person whose income exceeds two 28
hundred per cent of the federal poverty level shall contribute three per 29
cent of the cost of his or her care in addition to the amount of applied 30
income determined in accordance with the methodology established by 31
the Department of Social Services for recipients of medical assistance. 32
Any person who does not contribute to the cost of care in accordance 33
with this subdivision shall be ineligible to receive services under this 34
subsection. Notwithstanding any provision of sections 17b-60 and 17b-35
61, the department shall not be required to provide an administrative 36
hearing to a person found ineligible for services under this subsection 37
because of a failure to contribute to the cost of care. 38
(3) Any person who resides in affordable housing under the assisted 39
living demonstration project established pursuant to section 17b-347e 40
and whose income is at or below two hundred per cent of the federal 41
poverty level, shall not be required to contribute to the cost of care. Any 42
person who resides in affordable housing under the assisted living 43
demonstration project established pursuant to section 17b-347e and 44
whose income exceeds two hundred per cent of the federal poverty 45
level, shall contribute to the applied income amount determined in 46
accordance with the methodology established by the Department of 47
Social Services for recipients of medical assistance. Any person whose 48
income exceeds two hundred per cent of the federal poverty level and 49
who does not contribute to the cost of care in accordance with this 50
subdivision shall be ineligible to receive services under this subsection. 51
Notwithstanding any provision of sections 17b-60 and 17b-61, the 52
department shall not be required to provide an administrative hearing 53
to a person found ineligible for services under this subsection because 54 Substitute Bill No. 1300
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of a failure to contribute to the cost of care. 55
(4) The annualized cost of services provided to an individual under 56
the state-funded portion of the program shall not exceed fifty per cent 57
of the weighted average cost of care in nursing homes in the state, except 58
an individual who received services costing in excess of such amount 59
under the Department of Social Services in the fiscal year ending June 60
30, 1992, may continue to receive such services, provided the annualized 61
cost of such services does not exceed eighty per cent of the weighted 62
average cost of such nursing home care. The commissioner may allow 63
the cost of services provided to an individual to exceed the maximum 64
cost established pursuant to this subdivision in a case of extreme 65
hardship, as determined by the commissioner, provided in no case shall 66
such cost exceed that of the weighted cost of such nursing home care. 67
(5) A person who provides personal care assistance to an individual 68
enrolled in the state-funded portion of the program, including a spouse 69
of such individual, may be compensated for such assistance. The 70
Commissioner of Social Services shall prescribe training and 71
documentation requirements for such person to receive compensation 72
under the program. 73
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 17b-342(i)
Statement of Legislative Commissioners:
The title was changed.
HS Joint Favorable Subst. -LCO