Bill Text: CT HB07039 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Reducing State Conservatorship Expenses.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-05-15 - Tabled for the Calendar, House [HB07039 Detail]
Download: Connecticut-2017-HB07039-Comm_Sub.html
General Assembly |
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January Session, 2017 |
*_____HB07039APP___051517____* |
AN ACT REDUCING STATE CONSERVATORSHIP EXPENSES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) On or before December 31, 2017, the Commissioner of Social Services shall amend the Medicaid state plan provisions governing the calculation of applied income for an institutionalized individual receiving medical assistance to permit a deduction pursuant to 42 USC 1396a(r)(1)(A)(ii) for the following conservatorship expenses: (1) Compensation of the individual's conservator in the amount established by regulations adopted under section 45a-77 of the general statutes; (2) Probate Court filing fees and expenses under subdivision (6) of subsection (b) of section 45a-106a and sections 45a-108a and 45a-109 of the general statutes; and (3) premiums for any probate bond required by the Probate Court.
Sec. 2. Section 17b-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) If a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, or a person who is or was under voluntary or involuntary conservatorship under chapter 802h, has or acquires property of any kind or interest in any property, estate or claim of any kind, except moneys received for the replacement of real or personal property, the state of Connecticut shall have a claim subject to subsections (b), [and] (c) and (f) of this section, which shall have priority over all other unsecured claims and unrecorded encumbrances, against such beneficiary or person under voluntary or involuntary conservatorship for the full amount paid, subject to the provisions of section 17b-94, as amended by this act, to the beneficiary or on the beneficiary's behalf under said programs and for the full amount paid, subject to the provisions of section 17b-94, as amended by this act, from the Probate Court Administration Fund pursuant to sections 45a-649a and 45a-663 on behalf of the person under voluntary or involuntary conservatorship; and, in addition thereto, the parents of an aid to dependent children beneficiary, a state-administered general assistance beneficiary or a temporary family assistance beneficiary shall be liable to repay, subject to the provisions of section 17b-94, as amended by this act, to the state the full amount of any such aid paid to or on behalf of either parent, his or her spouse, and his or her dependent child or children, as defined in section 17b-75. The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or claim of any kind of the parents of an aid to dependent children, temporary family assistance or state administered general assistance beneficiary, in addition and not in substitution of its claim, for amounts owing under any order for support of any court or any family support magistrate, including any arrearage under such order, provided household goods and other personal property identified in section 52-352b, real property pursuant to section 17b-79, as long as such property is used as a home for the beneficiary and money received for the replacement of real or personal property, shall be exempt from such lien.
(b) Any person who received cash benefits under the aid to families with dependent children program, the temporary family assistance program or the state-administered general assistance program, when such person was under eighteen years of age, shall not be liable to repay the state for such assistance.
(c) No claim shall be made, or lien applied, against any payment made pursuant to chapter 135, any payment made pursuant to section 47-88d or 47-287, any moneys received as a settlement or award in a housing or employment or public accommodation discrimination case, any court-ordered retroactive rent abatement, including any made pursuant to subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant to subsection (d) of section 47a-21 paid to a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program or paid to any person who has been supported wholly, or in part, by the state, in accordance with section 17b-223, in a humane institution or paid from the Probate Court Administration Fund under sections 45a-649a and 45a-663 on behalf of the person under voluntary or involuntary conservatorship.
(d) Notwithstanding any provision of the general statutes, whenever funds are collected pursuant to this section or section 17b-94, as amended by this act, and the person who otherwise would have been entitled to such funds is subject to a court-ordered current or arrearage child support payment obligation in a IV-D support case, such funds shall first be paid to the state for reimbursement of Medicaid funds granted to such person for medical expenses incurred for injuries related to a legal claim by such person which was the subject of the state's lien and such funds shall then be paid to the Office of Child Support Services for distribution pursuant to the federally mandated child support distribution system implemented pursuant to subsection (j) of section 17b-179. The remainder, if any, shall be paid to the state for payment of previously provided assistance through the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program.
(e) The Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, establishing criteria and procedures for adjustment of the claim of the state of Connecticut under subsection (a) of this section. The purpose of any such adjustment shall be to encourage the positive involvement of noncustodial parents in the lives of their children and to encourage noncustodial parents to begin making regular support payments.
(f) Notwithstanding any provision of the general statutes, the claim of the state under this section for reimbursement of funds paid from the Probate Court Administration Fund pursuant to sections 45a-649a and 45a-663 on behalf of a person who is or was under voluntary or involuntary conservatorship shall not exceed five thousand dollars for each calendar year or part thereof during which funds were expended.
Sec. 3. Section 17b-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) In the case of causes of action of beneficiaries of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, or persons who are or were under voluntary or involuntary conservatorship under chapter 802h, subject to subsections (b), [and] (c) and (f) of section 17b-93, as amended by this act, or of a parent liable to repay the state under the provisions of section 17b-93, as amended by this act, the claim of the state shall be a lien against the proceeds therefrom in the amount of the assistance paid or fifty per cent of the proceeds received by such beneficiary or such parent after payment of all expenses connected with the cause of action, whichever is less, for repayment under section 17b-93, as amended by this act, and shall have priority over all other claims except attorney's fees for said causes, expenses of suit, costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits; and such claim shall consist of the total assistance repayment for which claim may be made under said programs and under sections 45a-649a and 45a-663. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under section 17b-93, as amended by this act, irrespective of any other provision of law. Upon presentation to the attorney for the beneficiary of an assignment of such proceeds executed by the beneficiary or his conservator or guardian, such assignment shall constitute an irrevocable direction to the attorney to pay the Commissioner of Administrative Services in accordance with its terms, except if, after settlement of the cause of action or judgment thereon, the Commissioner of Administrative Services does not inform the attorney for the beneficiary of the amount of lien which is to be paid to the Commissioner of Administrative Services within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such beneficiary and shall not be liable for any loss the state may sustain thereby.
(b) In the case of an inheritance of an estate by a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, or a person who is or was under voluntary or involuntary conservatorship under chapter 802h, subject to subsections (b), [and] (c) and (f) of section 17b-93, as amended by this act, or by a parent liable to repay the state under the provisions of section 17b-93, as amended by this act, fifty per cent of the assets of the estate payable to the beneficiary or such parent or the amount of such assets equal to the amount of assistance paid, whichever is less, shall be assignable to the state for payment of the amount due under section 17b-93, as amended by this act. The state shall have a lien against such assets in the applicable amount specified in this subsection. The [Court of] Probate Court shall accept any such assignment executed by the beneficiary or parent or any such lien notice if such assignment or lien notice is filed by the Commissioner of Administrative Services with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance with such assignment or lien notice. If the Commissioner of Administrative Services receives any assets of an estate pursuant to any such assignment, the commissioner shall be subject to the same duties and liabilities concerning such assigned assets as the beneficiary or parent.
Sec. 4. Section 17b-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) Subject to the provisions of subsection (b) of this section, upon the death of a parent of a child who has, at any time, been a beneficiary under the program of aid to families with dependent children, the temporary family assistance program or the state-administered general assistance program, or upon the death of any person who has at any time been a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, or a person who is or was under voluntary or involuntary conservatorship under chapter 802h, except as provided in [subsection] subsections (b) and (f) of section 17b-93, as amended by this act, the state shall have a claim against such parent's or person's estate for all amounts paid on behalf of each such child or for the support of either parent or such child or such person under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program or from the Probate Court Administration Fund under sections 45a-649a and 45a-663 on behalf of the person under voluntary or involuntary conservatorship for which the state has not been reimbursed, to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support. Notwithstanding the provisions of this subsection, effective for services provided on or after January 1, 2014, no state claim pursuant to this section shall be made against the estate of a recipient of medical assistance under the Medicaid Coverage for the Lowest Income Populations program, established pursuant to Section 1902(a)(10)(A)(i)(VIII) of the Social Security Act, as amended from time to time, except to the extent required by federal law.
(b) In the case of any person dying after October 1, 1959, the claim for medical payments, even though such payments were made prior thereto, shall be restricted to medical disbursements actually made for care of such deceased beneficiary.
(c) Claims pursuant to this section shall have priority over all unsecured claims against such estate, except (1) expenses of last sickness not to exceed three hundred seventy-five dollars, (2) funeral and burial expenses in accordance with section 17b-84, and (3) administrative expenses, including probate fees and taxes, and including fiduciary fees not exceeding the following commissions on the value of the whole estates accounted for by such fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the Probate Court, after a hearing thereon, may authorize compensation in excess of the above schedule for extraordinary services. Notice of any such petition and hearing shall be given to the Commissioner of Administrative Services in Hartford at least ten days in advance of such hearing. The allowable funeral and burial payment herein shall be reduced by the amount of any prepaid funeral arrangement. Any amount paid from the estate under this section to any person which exceeds the limits provided herein shall be repaid to the estate by such person, and such amount may be recovered in a civil action with interest at six per cent from the date of demand.
(d) For purposes of this section, all sums due on or after July 1, 2003, to any individual after the death of a public assistance beneficiary pursuant to the terms of an annuity contract purchased at any time with assets of a public assistance beneficiary, shall be deemed to be part of the estate of the deceased beneficiary and shall be payable to the state by the recipient of such annuity payments to the extent necessary to achieve full reimbursement of any public assistance benefits paid to, or on behalf of, the deceased beneficiary irrespective of any provision of law. The recipient of beneficiary payments from any such annuity contract shall be solely liable to the state of Connecticut for reimbursement of public assistance benefits paid to, or on behalf of, the deceased beneficiary to the extent of any payments received by such recipient pursuant to the annuity contract.
Sec. 5. (NEW) (Effective January 1, 2018) (a) For purposes of this section:
(1) "Person under conservatorship" means a conserved person as defined in subsection (h) of section 45a-644 of the general statutes or a person under voluntary representation pursuant to section 45a-646 of the general statutes.
(2) "Conservator" means a person appointed by a Probate Court of this state as a conservator of the person, estate or both under section 45a-646, 45a-650, 45a-654, 45a-667j or 45a-667q of the general statutes.
(b) A conservator may, with prior authorization by the Probate Court in accordance with subsection (c) of this section, place a lien on real property of the person under conservatorship to secure compensation for services rendered as conservator. The lien may secure unpaid compensation for services already rendered and anticipated future compensation for a period not to exceed twelve months from the date on which the Probate Court approves the lien.
(c) A conservator may petition the Probate Court having jurisdiction over the conservatorship for authority to place a lien on real property of the conserved person. The Probate Court may approve the lien if it finds that: (1) The amount of compensation for which the conservator seeks payment, including compensation for anticipated future services, is reasonable; (2) the compensation is unpaid; and (3) there is no practical alternative to ensure payment of the compensation. The Probate Court shall specify the amount of the approved lien.
(d) If the Probate Court approves the lien in accordance with subsection (c) of this section, the conservator may place a lien on any real property by recording, in the town clerk's office in the town where the real property lies, a conservator's lien certificate, signed by the conservator, the conservator's attorney or the conservator's legal representative, containing:
(1) The name and address of the conservator;
(2) The name and address of the person under conservatorship;
(3) The Probate Court that approved the lien and the date of the decree approving the lien;
(4) A description, which need not be by metes and bounds, of the real property on which the lien is placed; and
(5) A statement that the lien has been placed on such property.
(e) From the time of the recording of the conservator's lien certificate, the conservator shall have a lien in the amount approved by the Probate Court on the interest of the person under conservatorship in the real property described in the certificate, except that the amount of the lien shall be reduced by the amount, if any, by which the compensation approved for future services for a twelve-month period exceeds the actual amount of compensation during the period.
(f) Nothing in this section shall be construed to prohibit a conservator from placing an additional lien on real property of the person under conservatorship to secure compensation for services rendered as conservator during a period that is subsequent to the period covered by a previously recorded lien, provided the conservator obtains prior Probate Court approval for any such lien in accordance with subsection (c) of this section.
(g) A conservator's lien may, with prior authorization by the Probate Court that approved the lien, be foreclosed or redeemed in the same manner as a mortgage.
(h) A conservator's lien shall expire twenty years after the date on which the conservator's lien certificate is first recorded unless the conservator commences an action to foreclose the lien on or before the expiration date and records a notice of lis pendens in evidence thereof on the land records of the town in which the property is located.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
New section |
Sec. 2 |
January 1, 2018 |
17b-93 |
Sec. 3 |
January 1, 2018 |
17b-94 |
Sec. 4 |
January 1, 2018 |
17b-95 |
Sec. 5 |
January 1, 2018 |
New section |
HS |
Joint Favorable Subst. -LCO |
|
JUD |
Joint Favorable |
|
APP |
Joint Favorable |