Bill Summary – FastDemocracy

General Assembly                       Raised Bill No. 5403
       February Session, 2020                LCO No. 2173
     Referred to Committee on VETERANS' AFFAIRS
     Introduced by:
       (VA)
 AN ACT EXCLUDING CERTAIN VETERANS' BENEFITS WHEN
 DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Subsection (a) of section 17b-28i of the general statutes is
    repealed and the following is substituted in lieu thereof (Effective July 1,
    2020):
      (a) To the extent permissible by federal law, the Commissioner of
   Social Services shall disregard federal (1) Aid and Attendance pension
   benefits granted to a veteran or the surviving spouse of such veteran,
   and (2) disability benefits granted to a veteran when determining
   income eligibility for the state's Medicare savings, medical assistance
   and energy assistance programs administered under section 17b-2. As
   used in this subsection, "veteran" means any person [(1)] (A) honorably
   discharged from, or released under honorable conditions from active
   service in, the armed forces, as defined in section 27-103, or [(2)] (B) with
   a qualifying condition, as defined in said section, who has received a
   discharge other than bad conduct or dishonorable from active service in
   the armed forces.
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    Sec. 2. Subsection (a) of section 17b-104 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
    (a) The Commissioner of Social Services shall administer the program
 of state supplementation to the Supplemental Security Income Program
 provided for by the Social Security Act and state law. The commissioner
 may delegate any powers and authority to any deputy, assistant,
 investigator or supervisor, who shall have, within the scope of the
 power and authority so delegated, all of the power and authority of the
 Commissioner of Social Services. The commissioner shall establish a
 standard of need based on the cost of living in this state for the
 temporary family assistance program and the state-administered
 general assistance program. The commissioner shall make a
 reinvestigation, at least every twelve months, of all cases receiving aid
 from the state, except that such reinvestigation may be conducted every
 twenty-four months for recipients of assistance to the elderly or disabled
 with stable circumstances, and shall maintain all case records of the
 several programs administered by the Department of Social Services so
 that such records show, at all times, full information with respect to
 eligibility of the applicant or recipient. In the determination of need
 under any public assistance program, such income or earnings shall be
 disregarded as federal law requires, and such income or earnings may
 be disregarded as federal law permits. In determining eligibility, the
 commissioner shall disregard from income federal (1) Aid and
 Attendance pension benefits granted to a veteran, as defined [under] in
 section 27-103, or the surviving spouse of such veteran, and (2) disability
 benefits granted to a veteran. The commissioner shall encourage and
 promulgate such incentive earning programs as are permitted by
 federal law and regulations.
    Sec. 3. Section 17b-191 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
   (a) Notwithstanding the provisions of sections 17b-190, 17b-195 and
 17b-196, as amended by this act, the Commissioner of Social Services
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                                                          Raised Bill No.   5403
 shall operate a state-administered general assistance program in
 accordance with this section and sections 17b-131, 17b-193, 17b-194, 17b-
 197 and 17b-198. Notwithstanding any provision of the general statutes,
 on and after October 1, 2003, no town shall be reimbursed by the state
 for any general assistance medical benefits incurred after September 30,
 2003, and on and after March 1, 2004, no town shall be reimbursed by
 the state for any general assistance cash benefits or general assistance
 program administrative costs incurred after February 29, 2004.
    (b) The state-administered general assistance program shall provide
 cash assistance of (1) two hundred dollars per month for an
 unemployable person upon determination of such person's
 unemployability; (2) two hundred dollars per month for a transitional
 person who is required to pay for shelter; and (3) fifty dollars per month
 for a transitional person who is not required to pay for shelter. The
 standard of assistance paid for individuals residing in rated boarding
 facilities shall remain at the level in effect on August 31, 2003. No person
 shall be eligible for cash assistance under the program if eligible for cash
 assistance under any other state or federal cash assistance program. The
 standards of assistance set forth in this subsection shall be subject to
 annual increases, as described in subsection (b) of section 17b-104.
    (c) To be eligible for cash assistance under the program, a person shall
 (1) be (A) eighteen years of age or older; (B) a minor found by a court to
 be emancipated pursuant to section 46b-150; or (C) under eighteen years
 of age and the commissioner determines good cause for such person's
 eligibility, and (2) not have assets exceeding two hundred fifty dollars
 or, if such person is married, such person and his or her spouse shall not
 have assets exceeding five hundred dollars.
    (d) In determining eligibility, the commissioner shall not consider as
 income federal (1) Aid and Attendance pension benefits granted to a
 veteran, as defined in section 27-103, or the surviving spouse of such
 veteran, or (2) disability benefits granted to a veteran.
   (e) No person who is a substance abuser and refuses or fails to enter
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 available, appropriate treatment shall be eligible for cash assistance
 under the program until such person enters treatment. No person whose
 benefits from the temporary family assistance program have terminated
 as a result of time-limited benefits or for failure to comply with a
 program requirement shall be eligible for cash assistance under the
 program.
    [(d)] (f) Prior to or upon discontinuance of assistance, a person
 previously determined to be a transitional person may petition the
 commissioner to review the determination of his or her status. In such
 review, the commissioner shall consider factors, including, but not
 limited to: (1) Age; (2) education; (3) vocational training; (4) mental and
 physical health; and (5) employment history and shall make a
 determination of such person's ability to obtain gainful employment.
    Sec. 4. Section 17b-256f of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    The Commissioner of Social Services shall increase income disregards
 used to determine eligibility by the Department of Social Services for the
 federal Qualified Medicare Beneficiary, the Specified Low-Income
 Medicare Beneficiary and the Qualifying Individual programs,
 administered in accordance with the provisions of 42 USC 1396d(p), by
 such amounts that shall result in persons with income that is (1) less
 than two hundred eleven per cent of the federal poverty level qualifying
 for the Qualified Medicare Beneficiary program, (2) at or above two
 hundred eleven per cent of the federal poverty level but less than two
 hundred thirty-one per cent of the federal poverty level qualifying for
 the Specified Low-Income Medicare Beneficiary program, and (3) at or
 above two hundred thirty-one per cent of the federal poverty level but
 less than two hundred forty-six per cent of the federal poverty level
 qualifying for the Qualifying Individual program. The commissioner
 shall not apply an asset test for eligibility under the Medicare Savings
 Program. The commissioner shall not consider as income federal (A)
 Aid and Attendance pension benefits granted to a veteran, as defined in
 section 27-103 or the surviving spouse of such veteran, or (B) disability
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 benefits granted to a veteran. The Commissioner of Social Services,
 pursuant to section 17b-10, may implement policies and procedures to
 administer the provisions of this section while in the process of adopting
 such policies and procedures in regulation form, provided the
 commissioner prints notice of the intent to adopt the regulations on the
 department's Internet web site and the eRegulations System not later
 than twenty days after the date of implementation. Such policies and
 procedures shall be valid until the time final regulations are adopted.
    Sec. 5. Subsection (a) of section 17b-261 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
    (a) (1) Medical assistance shall be provided for any otherwise eligible
 person whose income, including any available support from legally
 liable relatives and the income of the person's spouse or dependent
 child, is not more than one hundred forty-three per cent, pending
 approval of a federal waiver applied for pursuant to subsection (e) of
 this section, of the benefit amount paid to a person with no income
 under the temporary family assistance program in the appropriate
 region of residence and if such person is an institutionalized individual
 as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3),
 and has not made an assignment or transfer or other disposition of
 property for less than fair market value for the purpose of establishing
 eligibility for benefits or assistance under this section. Any such
 disposition shall be treated in accordance with Section 1917(c) of the
 Social Security Act, 42 USC 1396p(c). Any disposition of property made
 on behalf of an applicant or recipient or the spouse of an applicant or
 recipient by a guardian, conservator, person authorized to make such
 disposition pursuant to a power of attorney or other person so
 authorized by law shall be attributed to such applicant, recipient or
 spouse. A disposition of property ordered by a court shall be evaluated
 in accordance with the standards applied to any other such disposition
 for the purpose of determining eligibility. The commissioner shall
 establish the standards for eligibility for medical assistance at one
 hundred forty-three per cent of the benefit amount paid to a household
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 of equal size with no income under the temporary family assistance
 program in the appropriate region of residence. In determining
 eligibility, the commissioner shall not consider as income federal (A)
 Aid and Attendance pension benefits granted to a veteran, as defined in
 section 27-103 or the surviving spouse of such veteran, or (B) disability
 benefits granted to a veteran. Except as provided in section 17b-277 and
 section 17b-292, the medical assistance program shall provide coverage
 to persons under the age of nineteen with household income up to one
 hundred ninety-six per cent of the federal poverty level without an asset
 limit and to persons under the age of nineteen, who qualify for coverage
 under Section 1931 of the Social Security Act, with household income
 not exceeding one hundred ninety-six per cent of the federal poverty
 level without an asset limit, and their parents and needy caretaker
 relatives, who qualify for coverage under Section 1931 of the Social
 Security Act, with household income not exceeding one hundred fifty-
 five per cent of the federal poverty level without an asset limit. Such
 levels shall be based on the regional differences in such benefit amount,
 if applicable, unless such levels based on regional differences are not in
 conformance with federal law. Any income in excess of the applicable
 amounts shall be applied as may be required by said federal law, and
 assistance shall be granted for the balance of the cost of authorized
 medical assistance.
    (2) The Commissioner of Social Services shall provide applicants for
 assistance under this section, at the time of application, with a written
 statement advising them of [(1)] (A) the effect of an assignment or
 transfer or other disposition of property on eligibility for benefits or
 assistance, [(2)] (B) the effect that having income that exceeds the limits
 prescribed in this subsection will have with respect to program
 eligibility, and [(3)] (C) the availability of, and eligibility for, services
 provided by the Nurturing Families Network established pursuant to
 section 17b-751b. For coverage dates on or after January 1, 2014, the
 department shall use the modified adjusted gross income financial
 eligibility rules set forth in Section 1902(e)(14) of the Social Security Act
 and the implementing regulations to determine eligibility for HUSKY
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 A, HUSKY B and HUSKY D applicants, as defined in section 17b-290.
 Persons who are determined ineligible for assistance pursuant to this
 section shall be provided a written statement notifying such persons of
 their ineligibility and advising such persons of their potential eligibility
 for one of the other insurance affordability programs as defined in 42
 CFR 435.4.
    Sec. 6. Subsection (l) of section 17b-342 of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective July 1,
 2020):
    (l) In determining eligibility for the program described in this section,
 the commissioner shall not consider as income federal (1) Aid and
 Attendance pension benefits granted to a veteran, as defined in section
 27-103 or the surviving spouse of such veteran, or (2) disability benefits
 granted to a veteran.
    Sec. 7. Subsection (a) of section 17b-801 of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective July 1,
 2020):
    (a) The Commissioner of Social Services shall administer a state-
 appropriated fuel assistance program to provide, within available
 appropriations, fuel assistance to elderly and disabled persons whose
 household gross income is above the income eligibility guidelines for
 the Connecticut energy assistance program but does not exceed two
 hundred per cent of federal poverty guidelines. The income eligibility
 guidelines for the state-appropriated fuel assistance program shall be
 determined, annually, by the Commissioner of Social Services, in
 conjunction with the Secretary of the Office of Policy and Management.
 In determining eligibility, the commissioner shall not consider as
 income federal (1) Aid and Attendance pension benefits granted to a
 veteran, as defined [under] in section 27-103 or the surviving spouse of
 such veteran, or (2) disability benefits granted to a veteran. The
 commissioner may adopt regulations, in accordance with the provisions
 of chapter 54, to implement the provisions of this subsection.
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    Sec. 8. Section 17b-196 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
     Notwithstanding the provisions of [subsection (c)] subsections (c) to
 (f), inclusive, of section 17b-191, as amended by this act, a person (1) at
 least eighteen years of age and under twenty-one years of age, (2) living
 with his or her family that is receiving benefits under the temporary
 family assistance program, and (3) who would be an eligible dependent
 in such program if under the age of eighteen shall be eligible for state-
 administered general assistance in the amount of assistance such person
 would be eligible for as a dependent in such family under the temporary
 family assistance program.
       This act shall take effect as follows and shall amend the following
       sections:
       Section 1           July 1, 2020                            17b-28i(a)
       Sec. 2              July 1, 2020                            17b-104(a)
       Sec. 3              July 1, 2020                            17b-191
       Sec. 4              July 1, 2020                            17b-256f
       Sec. 5              July 1, 2020                            17b-261(a)
       Sec. 6