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House Bill No. 7701

November 2 Special Session, Public Act No. 05-1

AN ACT CONCERNING COST-SHARING REQUIREMENTS UNDER THE HUSKY PLAN, PART B.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17b-295 of the general statutes, as amended by section 7 of public act 05-280, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner shall impose cost-sharing requirements including the payment of a premium or copayment in connection with services provided under the HUSKY Plan, Part B, to the extent permitted by federal law, and in accordance with the following limitations:

(1) On and after July 1, 2005, the commissioner [shall] may increase the maximum annual aggregate cost-sharing requirements provided that such cost-sharing requirements shall not exceed five per cent of the family's gross annual income. The commissioner [shall] may impose a premium requirement on families whose income exceeds two hundred thirty-five per cent of the federal poverty level, as a component of the family's cost-sharing responsibility, provided: [the] (A) The family's annual combined premiums and copayments do not exceed the maximum annual aggregate cost-sharing requirement, [(A)] and (B) premium requirements shall not exceed the sum of thirty dollars per month per child, with a maximum premium of fifty dollars per month per family. The commissioner shall not impose a premium requirement on families, whose income exceeds one hundred eighty-five per cent of the federal poverty level but does not exceed two hundred thirty-five per cent of the federal poverty level; and [(B) increase the premium requirement on families whose income exceeds two hundred thirty-five per cent of the federal poverty level, but does not exceed three hundred per cent of the federal poverty level; and]

(2) The commissioner shall require each managed care plan to monitor copayments and premiums under the provisions of subdivision (1) of this subsection.

(b) (1) Except as provided in subdivision (2) of this subsection, the commissioner may impose limitations on the amount, duration and scope of benefits under the HUSKY Plan, Part B.

(2) The limitations adopted by the commissioner pursuant to subdivision (1) of this subsection shall not preclude coverage of any item of durable medical equipment or service that is medically necessary.

Sec. 2. (Effective from passage) The Commissioner of Social Services shall refund to families participating in the HUSKY Plan, Part B program, any and all moneys paid by such families to the commissioner or the commissioner's agent attributable to the changes in the cost sharing requirements, effectuated pursuant to subdivision (1) of subsection (a) of section 17b-295 of the general statutes, as amended by section 7 of public act 05-280. The commissioner, in carrying out the provisions of this section, may elect to provide families entitled to refunds under this section with credits toward any future cost-sharing obligations imposed on such families; or implement such other administrative procedures as the commissioner deems necessary to ensure that such families are provided with the required refunds.

Sec. 3. (Effective from passage) Up to two million two hundred thousand dollars of the sum appropriated to the Department of Social Services in section 1 of public act 05-251, for Medicaid, for the fiscal year ending June 30, 2006, shall be transferred to the HUSKY program and such funds shall be available for expenditure for such purposes during the fiscal year ending June 30, 2006.

Approved November 3, 2005