Bill Text: CT SB00258 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Exemption Of Probate-court Approved Conservator And Fiduciary Fees From Medicaid Applied Income And Asset Transfer Determinations.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-05-08 - House Calendar Number 572 [SB00258 Detail]
Download: Connecticut-2018-SB00258-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____SB00258HS____032218____* |
AN ACT CONCERNING THE EXEMPTION OF PROBATE-COURT APPROVED CONSERVATOR AND FIDUCIARY FEES FROM MEDICAID APPLIED INCOME AND ASSET TRANSFER DETERMINATIONS.
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, 2018, the Commissioner of Social Services shall amend the Medicaid state plan provisions governing the calculation of applied income, as defined in section 17b-261r of the general statutes, to permit a qualified deduction pursuant to 42 USC 1396a(r)(1)(A)(ii) for the following expenses related to representation of a Medicaid applicant or recipient: (1) Compensation of a conservator in the amount approved by the Probate Court; (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; (3) premiums for any probate bond required by the Probate Court; and (4) any other fiduciary expenses approved by the Probate Court, provided such deductions are permissible under federal law.
Sec. 2. Subsection (d) of section 17b-261 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) The transfer of an asset in exchange for other valuable consideration shall be allowable to the extent the value of the other valuable consideration is equal to or greater than the value of the asset transferred.The Commissioner of Social Services shall not treat any Probate Court-approved conservator or fiduciary fee paid for services rendered as an improper transfer of assets for the purpose of obtaining Medicaid eligibility.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
New section |
Sec. 2 |
from passage |
17b-261(d) |
AGE |
Joint Favorable Subst. C/R |
HS |
HS |
Joint Favorable |