House Bill No. 5364, titled "AN ACT PRESERVING ASSETS OF STATE HUMANE INSTITUTION RESIDENTS," aims to amend existing statutes concerning the financial obligations of individuals who have received aid, care, or treatment in state humane institutions, as well as the responsibilities of their relatives. The bill, which is set to take effect on July 1, 2024, introduces a new subsection (e) that restricts the Commissioner of Administrative Services from recovering charges from the estate of a deceased person, except when mandated by federal law or in cases of fraud or concealment. It also revises the liability of patients, their estates, or relatives for reimbursing the state for unpaid charges and outlines the conditions under which the state may file a complaint for such charges. The bill protects the interests of surviving spouses or dependent children and clarifies the conditions under which the state can recover charges from a deceased person's estate.

The bill further specifies that the state's claim against a patient's estate for institutional support will take precedence over all unsecured claims, except for certain expenses such as those related to the last sickness, funeral, burial, conservator fees, and administrative expenses. It also sets the allowable commissions for fiduciary fees based on the estate's value and mandates the repayment of any excess payments with interest. The bill repeals and replaces subsection (e) of section 45a-273 of the general statutes, detailing the determination of entitlements for claims, expenses, and taxes due from or paid on behalf of the estate. The anticipated impact of the bill includes an annual revenue loss of up to $225,000 for the state and includes a provision for the release of any liens filed for recovery of charges that are now prohibited, without allowing for the return of payments already recovered before the bill's effective date.

Statutes affected:
Raised Bill:
HS Joint Favorable:
File No. 279: