Sec. 17b-80. (Formerly Sec. 17-82d). Investigations. Grant of aid. Income disregard for students. Asset limits. (a) The commissioner, upon receipt of an application
for aid, shall promptly and with due diligence make an investigation, such investigation
to be completed within forty-five days after receipt of the application or within sixty
days after receipt of the application in the case of an application in which a determination
of disability must be made. If an application for an award is not acted on within forty-five
days after the filing of an application, or within sixty days in the case of an application
in which a determination of disability must be made, the applicant may apply to the
commissioner for a hearing in accordance with sections 17b-60 and 17b-61. The commissioner shall grant aid only if he finds the applicant eligible therefor, in which case
he shall grant aid in such amount, determined in accordance with levels of payments
established by the commissioner, as is needed in order to enable the applicant to support
himself, or, in the case of temporary family assistance, to enable the relative to support
such dependent child or children and himself, in health and decency, including the costs
of such medical care as he deems necessary and reasonable, not in excess of the amounts
set forth in the various fee schedules promulgated by the Commissioner of Social Services for medical, dental and allied services and supplies or the charges made for comparable services and supplies to the general public, whichever is less, and the cost of
necessary hospitalization as is provided in section 17b-239, over and above hospital
insurance or other such benefits, including workers' compensation and claims for negligent or wilful injury. The commissioner, subject to the provisions of subsection (b) of
this section, shall in determining need, take into consideration any available income and
resources of the individual claiming assistance. The commissioner shall make periodic
investigations to determine eligibility and may, at any time, modify, suspend or discontinue an award previously made when such action is necessary to carry out the provisions
of the state supplement program, medical assistance program, temporary family assistance program, state-administered general assistance program or food stamps program.
The parent or parents of any child for whom aid is received under the temporary family
assistance program and any beneficiary receiving assistance under the state supplement
program shall be conclusively presumed to have accepted the provisions of sections
17b-93, 17b-94 and 17b-95.
(b) The commissioner shall disregard any earned income of a child who is a student
in determining the eligibility, standard of need and amount of assistance of a family in
the TFA program.
(c) No person shall be eligible for the state supplement program whose assets as
defined by the commissioner exceed sixteen hundred dollars or, if living with a spouse,
whose combined assets exceed twenty-four hundred dollars.
(1969, P.A. 730, S. 19; June, 1971, S.A. 1, S. 18; P.A. 77-105; 77-614, S. 19, 610; P.A. 79-376, S. 19; P.A. 85-66, S.
2; 85-359; P.A. 86-290, S. 1, 10; 86-315, S. 4, 5; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 30, 165.)
History: 1971 act substituted "levels of payment" for "standards"; P.A. 77-105 made sixty-day limit previously in effect
applicable only to decisions involving determination of disability and set forty-five day limit for all other decisions; P.A.
77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 79-376
substituted "workers' compensation" for "workmen's compensation"; P.A. 85-66 amended section to refer to fee schedules
promulgated by income maintenance commissioner rather than by secretary of the office of policy and management; P.A.
85-359 made the existing Subsec. (a) and added Subsec. (b) concerning an income disregard for full-time students; P.A.
86-290 added new Subsecs. (c) and (d) which placed asset limits on persons eligible for the state supplement program and
families eligible for the aid to families with dependent children program; P.A. 86-315 required the commissioner to disregard
for six months per calendar year a child's earned income; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82d
transferred to Sec. 17b-80 in 1995; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (c) by requiring the commissioner to
disregard any earned income of a child who is a student when determining eligibility standard of need and amount of
assistance for a family in the TFA program and by deleting outdated AFDC provision requiring the commissioner to
disregard any earned income of a child who is a full-time student for six months per calendar year, deleted Subsec. (d) re
outdated aid to families with dependent children program provision, replaced reference to aid to dependent children with
temporary family assistance and made technical and conforming changes, effective July 1, 1997.
Annotations to former section 17-82d:
Since disclaimer is invalid state may reassess eligibility for assistance under U.S. Social Security Act, Title XIX, and
state guidelines. 179 C. 463, 470. Cited. 214 C. 256, 258, 264, 271, 272, 274, 278, 281. Cited. 225 C. 314, 337, 338.
Cited. 20 CA 470, 471.
Child care allowable expense in determining eligibility. 30 CS 587. Plaintiff, denied a claim for medical benefits,
disposed of her resources and renewed her claim on basis she now had no available resources. Commissioner upheld in
denying second claim under department regulations. 31 CS 544. This is a supplementary regulation promulgated within
the legitimate sphere of state administration which does not conflict with the Social Security Act and thus does not violate
the supremacy clause. 32 CS 514, 519. Cited. 32 CS 597. Welfare commissioner must consider income and resources of
each applicant in determining amount of assistance to be awarded. 34 CS 525. Cited. 40 CS 394, 433.
Only question before fair hearing officer on appeal of an award as inadequate is whether award complied with standard
established by commissioner. Appellant cannot challenge commissioner's compliance with his duties. 5 Conn. Cir. Ct.
291. Cited. 6 Conn. Cir. Ct. 688.
Subsec. (a):
Cited. 214 C. 256, 276, 278, 279.
Subsec. (c):
Cited. 225 C. 314, 315, 337, 338.
Annotations to present section:
Cited. 237 C. 550. Cited. 240 C. 141.
Subsec. (c):
Principal of Medicaid qualifying trust determined not to be available to grantor and therefore not included in calculation
of eligibility for Medicaid benefits. 248 C. 708.
Sec. 17b-81. (Formerly Sec. 17-82e). Investigations of legally liable relatives
by commissioner. (a) The commissioner shall investigate the financial condition of
each legally liable relative, as defined in section 4a-12, and shall make a determination
as to the financial ability of each such relative in accordance with the uniform contribution scale established by the Commissioner of Administrative Services in accordance
with said section 4a-12, and shall notify in writing each such relative of the amount each
is found able to contribute toward such support, and each such relative shall be liable in
said amount from the date of such notice, retroactive to the date of granting of assistance,
unless and until such support responsibility shall be otherwise fixed by a court of competent jurisdiction. When any finding or written agreement to support, or any modification
thereof is made with the commissioner by the liable relative and is filed with the clerk
of the superior court for the judicial district in which the applicant, recipient, beneficiary
or liable relative resides, or the assistant clerk of the Family Support Magistrate Division
in the judicial district where the applicant resides, such agreement shall have the same
force and effect as an order of support by said court, and shall be enforceable in the
same manner as orders of support issued by said court or a family support magistrate,
provided any court of competent jurisdiction, or a family support magistrate, called
upon to enforce such agreement, including a finding consented to by the relative, after
notice to all parties, shall fully review such determination as to financial ability and
shall insure that such determination is reasonable in light of the relative's ability to pay
and may modify such finding prospectively, retroactively or both. Such determination
shall not be affected by appeal but shall continue in effect, until the appeal is denied,
or unless changed by order of the court or family support magistrate. The commissioner
shall periodically reinvestigate the financial condition of such relatives and shall give
written notice of any change in the determination of ability to contribute.
(b) The Commissioner of Social Services shall continue to independently determine
parental support obligations under subsection (b) of section 17b-179, notwithstanding
the uniform contribution scale developed pursuant to section 4a-12. The commissioner
shall promulgate support guidelines for such cases.
(c) The Commissioner of Social Services shall determine a legally liable relative
contribution for the spouse of an institutionalized recipient of Medicaid only when such
spouse has income in excess of (1) the minimum monthly needs allowance or (2) the
monthly needs allowance for such spouse as determined by the commissioner, through
a fair hearing or court proceeding. The amount of such contribution shall not cause the
income of such spouse to fall below said minimum monthly needs allowance or said
monthly needs allowance for such spouse as determined by the commissioner, through
a fair hearing or court proceeding. The spouse of an institutionalized individual, for
whom a legally liable relative contribution is determined, may request a fair hearing
regarding the amount of the contribution.
(1969, P.A. 541; 730, S. 20; 1971, P.A. 786; 1972, P.A. 127, S. 26; P.A. 73-616, S. 12; P.A. 74-183, S. 212, 291; P.A.
76-334, S. 4, 12; 76-436, S. 182, 681; P.A. 77-452, S. 8, 72; 77-594, S. 2, 7; P.A. 81-62; June Sp. Sess. P.A. 83-34, S. 3,
8; P.A. 84-159, S. 2; P.A. 86-359, S. 26, 44; P.A. 87-421, S. 3, 13; P.A. 93-262, S. 1, 87; P.A. 95-166.)
History: 1971 act clarified circumstances under which complaint for nonsupport to be brought; 1972 act replaced
reference to those under twenty-one with reference to those under eighteen reflecting change in age of majority; P.A. 73-616 deleted reference to assistance under part II of chapter; P.A. 74-183 replaced circuit court and "circuit" with court of
common pleas and "county or judicial district"; P.A. 76-334 made relatives' liability retroactive to date assistance was
granted, added provisions re agreements to support made between commissioner and liable relative and deleted provisions
re fair hearing and criminal complaint; P.A. 76-436 and P.A. 77-452 replaced court of common pleas with superior court,
effective July 1, 1978; P.A. 77-594 clarified geographical area as that in which applicant or beneficiary lives as well as
that in which liable relative lives; P.A. 81-62 extended parental financial responsibility to children less than twenty-one
years of age if the child in question is in full-time attendance at school; June Sp. Sess. P.A. 83-34 changed the reference
to the age of applicants and recipients who are students from under "twenty-one" to under "nineteen" and added the
provision that the student reasonably be expected to complete the program before he attains age nineteen; P.A. 84-159
removed the requirement for children to contribute to the support of their parents who are less than sixty-five years of age;
P.A. 86-359 changed "serving the geographical area" to "for the judicial district", added "or the assistant clerk of the family
support magistrate division in the judicial district where the applicant resides" and added "or a family support magistrate";
P.A. 87-421 made the existing section Subsec. (a), substituted language on legally liable relative and the uniform contribution scale for references to spouse and parents and "reasonable" contribution established by the commissioner of income
maintenance, and added Subsec. (b); P.A. 93-262 authorized substitution of commissioner and department of social services
for commissioner and department of human resources, effective July 1, 1993; Sec. 17-82e transferred to Sec. 17b-81 in
1995; P.A. 95-166 added Subsec. (c) re determination of contribution amount levied on spouse of institutionalized Medicaid
recipient.
Annotations to former section 17-82e:
Section neither requires nor authorizes welfare commissioner to limit his consideration of dependents to strictly legal
obligations in permitting exemptions from gross income. 170 C. 258, 269. Cited. Id., 258-260, 269. Cited. 185 C. 180,
183. Cited. 206 C. 636, 640, 642. Cited. 207 C. 743, 753.
Cited. 33 CS 769. Cited. 34 CS 281, 282; id., 284, 285, 287. Statute is procedural in nature and not subject to prohibition
against retrospective application. 35 CS 603-605, 607, 608. Judgment does not violate rights to equal protection since
statute provides for enforcement of retrospective liability for support against any parent and right exists to obtain judgment
for full amount against one of several debtors jointly liable. Id., 628, 638. Cited. 37 CS 745, 747; id., 891, 893, 895. Cited.
38 CS 503, 504.
Cited. 6 Conn. Cir. Ct. 697.
Sec. 17b-82. Reserved for future use.
Sec. 17b-83. (Formerly Sec. 17-82g). Form of aid. Direct payment for certain
services. Payment of "clean claims". The aid granted under the state supplement program or the temporary family assistance program shall be in the form of money payments
and shall be made by the commissioner within available Department of Social Services
appropriations, directly to the applicant or other person entitled to receive the same at
such regular intervals as the Commissioner of Social Services determines, provided the
payments of the costs of medical care and such other charges in connection with the
care and maintenance of a beneficiary as the commissioner deems necessary and reasonable may be made to the applicant or to those persons furnishing such services by the
commissioner. Ninety per cent of clean claims for payments to persons furnishing such
services shall be made no later than thirty days from receipt of the request for payment
and ninety-nine per cent shall be made within ninety days of such receipt. For the purposes of this section "clean claim" means a claim which can be processed without obtaining additional substantiation from the person furnishing such services or other person
entitled to receive payment. A claim submitted by any such person who is under investigation for fraud or abuse shall not be considered a clean claim.
(1969, P.A. 730, S. 10; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 79-565, S. 1; P.A. 93-262, S. 1, 87; June
18 Sp. Sess. P.A. 97-2, S. 31, 165.)
History: P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social
services; P.A. 77-614 replaced social services commissioner and department with commissioner and department of income
maintenance, effective January 1, 1979; P.A. 79-565 added provisions re payment of "clean claims" and defined the term;
P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department
of income maintenance, effective July 1, 1993; Sec. 17-82g transferred to Sec. 17b-83 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical changes, effective July 1, 1997.
Annotation to former section 17-82g:
Cited. 214 C. 256, 278-280.
Sec. 17b-84. (Formerly Sec. 17-82i). Funeral allowance. Burial or cremation
expense. Upon the death of any beneficiary, under the state supplement or the temporary
family assistance program the commissioner shall order the payment of a sum not to
exceed one thousand dollars for the fiscal year ending June 30, 1987, one thousand one
hundred dollars for the fiscal year ending June 30, 1988, and one thousand two hundred
dollars for the fiscal year ending June 30, 1989, and subsequent fiscal years, as an
allowance toward the funeral and burial expenses of such deceased. The payment for
funeral and burial expenses shall be reduced by the amount in any revocable or irrevocable funeral fund, prepaid funeral contract or the face value of any life insurance policy
owned by the recipient. Contributions may be made by any person for the cost of the
funeral and burial expenses of the deceased over and above the sum established under
this section without thereby diminishing the state's obligation.
(1969, P.A. 730, S. 21; 1972, P.A. 154, S. 1; P.A. 77-604, S. 9, 84; P.A. 78-337, S. 3, 11; P.A. 86-290, S. 2, 10; June
18 Sp. Sess. P.A. 97-2, S. 32, 165.)
History: 1972 act replaced hundred and fifty dollar and fifty dollar limits on funeral and burial expenses, respectively,
with limit under Sec. 17-82q and clarified statements re persons to be paid; P.A. 77-604 corrected faulty section reference;
P.A. 78-337 restated provisions in simpler form; P.A. 86-290 added a reference to the state supplement or the aid to families
with dependent children program, required the commissioner to order an allowance toward funeral and burial expenses
and amended the method of establishing the sum of allowance due; Sec. 17-82i transferred to Sec. 17b-84 in 1995; June
18 Sp. Sess. P.A. 97-2 replaced a reference to aid to families with dependent children with temporary family assistance,
effective July 1, 1997.
Annotation to former section 17-82i:
Subsec. (b):
Cited. 40 CS 394, 433.
Sec. 17b-85. (Formerly Sec. 17-82j). Notice by beneficiary of receipt of property, transfer or encumbrance of property or change in information previously
furnished. If any person receiving an award for the care of any dependent child or
children, or any person legally liable for the support of such child or children, or any other
person being supported wholly or in part under the provisions of the state supplement
program, medical assistance program, temporary family assistance program, state-administered general assistance program or food stamps program or any beneficiary under
said sections or any legally liable relative of such beneficiary, receives property, wages,
income or resources of any kind, such person or beneficiary, within ten days after obtaining knowledge of or receiving such property, wages, income or resources, shall
notify the commissioner thereof, orally or in writing, unless good cause is established
for failure to provide such notice, as determined by the commissioner. No such person
or beneficiary shall sell, assign, transfer, encumber or otherwise dispose of any property
without the consent of the commissioner. The provisions of section 17b-137 shall be
applicable with respect to any person applying for or receiving an award under said
sections. Any change in the information which has been furnished on an application
form or a redetermination of eligibility form shall also be reported to the commissioner,
orally or in writing, within ten days of the occurrence of such change, unless good cause
is established for failure to provide such notice, as determined by the commissioner.
(1969, P.A. 730, S. 24; P.A. 73-107; P.A. 80-65; P.A. 87-171, S. 2; June 18 Sp. Sess. P.A. 97-2, S. 33, 165.)
History: P.A. 73-107 required report of information change within fifteen days; P.A. 80-65 referred to provisions of
entire chapter rather than to parts II and III; P.A. 87-171 changed the time limit from "fifteen" to "ten" days and added
provisions allowing oral notice and "good cause" exception; Sec. 17-82j transferred to Sec. 17b-85 in 1995; June 18 Sp.
Sess. P.A. 97-2 made technical changes, effective July 1, 1997.
Annotations to former section 17-82j:
Cited. 179 C. 463, 465-468. Court reaffirmed conclusion that statute is an independent bar to disclaimers. 211 C. 323-
325, 327-330.
Cited. 40 CS 394, 433.
Annotation to present section:
Discussed. 247 C. 686.
Sec. 17b-86. (Formerly Sec. 17-82k). Aid inalienable. Aid provided under the
state supplement program, medical assistance program, temporary family assistance
program, state-administered general assistance program or food stamps program shall
be inalienable by assignment, sale, attachment, execution or otherwise, and shall be
subject to the provisions of any amending or repealing act that may be passed, and no
beneficiary or other person shall have any vested right to any such aid.
(1969, P.A. 730, S. 26; June 18 Sp. Sess. P.A. 97-2, S. 34, 165.)
History: Sec. 17-82k transferred to Sec. 17b-86 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical changes, effective
July 1, 1997.
Annotations to former section 17-82k:
Cited. 192 C. 460, 462, 463, 465, 468.
Cited. 21 CA 77, 81.
Public aid funds of welfare recipient held by recipient's attorney in client funds account are not subject to attachment
under this section. 33 CS 85, 86.
Sec. 17b-87. (Formerly Sec. 17-82l). Discontinuance of aid after removal from
state. No award under the temporary family assistance program shall continue after the
removal of the beneficiary from this state; and no award under the state supplement
program shall continue for more than one year after removal of the beneficiary from
this state, and occasional absences for short periods need not be deemed by the commissioner to constitute a removal.
(1969, P.A. 730, S. 27; June 18 Sp. Sess. P.A. 97-2, S. 35, 165.)
History: Sec. 17-82l transferred to Sec. 17b-87 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and conforming
changes, effective July 1, 1997.
Annotation to former section 17-82l:
Statute construed as not to deny AFDC beneficiaries who have moved from Connecticut their entitlement to benefits
accrued prior to removal. 174 C. 8, 10.
Sec. 17b-88. (Formerly Sec. 17-82m). Overpayments. Recoupment. Administrative disqualification hearings. If a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children
program, temporary family assistance program, state-administered general assistance
program or food stamps program receives any award or grant over the amount to which
he is entitled under the laws governing eligibility, the Department of Social Services
(1) shall immediately initiate recoupment action and shall consult with the Division of
Criminal Justice to determine whether to refer such overpayment, with full supporting
information, to the state police, to a prosecuting authority for prosecution or to the
Attorney General for civil recovery or (2) shall take such other action as conforms to
federal regulations, including, but not limited to, conducting administrative disqualification hearings for cases involving alleged fraud in the food stamp program, the aid to
families with dependent children program, the temporary family assistance program or
the state-administered general assistance program.
(1969, P.A. 730, S. 11; P.A. 74-140, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 123, 486, 587, 608, 610; P.A. 78-303,
S. 85, 136; P.A. 79-146, S. 1; P.A. 85-564, S. 9, 12; P.A. 86-403, S. 36, 132; June Sp. Sess. P.A. 91-8, S. 57, 63; P.A. 92-90; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 36, 165.)
History: P.A. 74-140 made discontinuance of award optional rather than mandatory when recipient convicted of offense
involving overpayment and added reference to commissioner's taking other action in conformity with federal regulations;
P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 and P.A. 78-303 replaced central
collections division of finance and control department with division of state police within the department of public safety
(successor agency to state police department) and social services department with department of income maintenance,
effective January 1, 1979; P.A. 79-146 changed applicable overpayments from any amount over the amount awarded to
amounts five hundred dollars or more over the amount awarded; P.A. 85-564 made the existing section Subsec. (a) and
added Subsecs. (b) and (c) re action taken on overpayments and re administrative hearing process; P.A. 86-403 made
technical changes to Subsec. (a); June Sp. Sess. P.A. 91-8 changed the overpayment threshold to two thousand dollars and
required immediate initiation of administrative recoupment; P.A. 92-90 entirely replaced prior provisions with modified
procedure for recoupment of overpayments; P.A. 93-262 authorized substitution of commissioner and department of social
services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82m transferred to Sec.
17b-88 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical changes, effective July 1, 1997.
Sec. 17b-88a. Recoveries or overpayments under AFDC program, account for
payment of. For the fiscal year ending June 30, 2002, and each fiscal year thereafter,
with the approval of the Office of Policy and Management, the Department of Social
Services may credit to a nonlapsing account in the General Fund, and expend from such
nonlapsing account, the amounts necessary for payment of the federal share of recoveries
or overpayments established under the aid to families with dependent children program.
(June Sp. Sess. P.A. 01-2, S. 10, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: June Sp. Sess. P.A. 01-2 effective July 2, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp.
Sess. P.A. 01-2 but without affecting this section.
Sec. 17b-89. (Formerly Sec. 17-82n). Change in level of assistance payments
authorized. The Commissioner of Social Services, notwithstanding any other provision
of law, may selectively increase or decrease the level of certain assistance payments in
any of the public assistance programs when necessary to correct an inequity or to comply
with state or federal law or regulation. Nothing in this section shall be construed to
permit the commissioner to increase or decrease the standards of assistance payments
affecting all or most public assistance recipients in any category of public assistance.
(June, 1971, S.A. 1, S. 16; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 85-505, S. 19, 21; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 85-505 detailed
when commissioner may increase or decrease payment levels, authorizing such increases or decreases to correct inequities
and to effect compliance with state or federal laws or regulations rather than when "necessary to carry out the policy of
the state" as was previously the case; P.A. 93-262 authorized substitution of commissioner and department of social services
for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82n transferred to Sec. 17b-89
in 1995.
Annotation to former section 17-82n:
Cited. 214 C. 256, 279.
Sec. 17b-90. (Formerly Sec. 17-83). Disclosure of information concerning program applicants and participants. Limitations. Regulations. (a) The commissioner
shall adopt regulations, in accordance with chapter 54, necessary to enable him to carry
out the programs the Department of Social Services is designated to administer pursuant
to section 17b-2, including any regulations necessary for receiving grants from the federal government to this state if the absence of any such regulation would result in the
loss of such grants and regulations governing the custody and use of the records, papers,
files and communications concerning persons applying for or receiving assistance under
said sections. When names and addresses of recipients of such assistance are required
by law to be furnished to or held by any other government agency, such agency shall
adopt regulations to prevent the publication of lists thereof or their use for purposes not
directly connected with the administration of said programs.
(b) No person shall, except for purposes directly connected with the administration
of programs of the Department of Social Services and in accordance with the regulations
of the commissioner, solicit, disclose, receive or make use of, or authorize, knowingly
permit, participate in or acquiesce in the use of, any list of the names of, or any information concerning, persons applying for or receiving assistance from the Department of
Social Services or persons participating in a program administered by said department,
directly or indirectly derived from the records, papers, files or communications of the
state or its subdivisions or agencies, or acquired in the course of the performance of
official duties. The Commissioner of Social Services shall disclose (1) to any authorized
representative of the Labor Commissioner such information directly related to unemployment compensation, administered pursuant to chapter 567 or information necessary
for implementation of sections 17b-688b, 17b-688c and 17b-688h and section 122 of
public act 97-2 of the June 18 special session*, (2) to any authorized representative of
the Commissioner of Mental Health and Addiction Services any information necessary
for the implementation and operation of the basic needs supplement program or for
the management of and payment for behavioral health services for applicants for and
recipients of state-administered general assistance, (3) to any authorized representative
of the Commissioner of Administrative Services, or the Commissioner of Public Safety
such information as the state Commissioner of Social Services determines is directly
related to and necessary for the Department of Administrative Services or the Department of Public Safety for purposes of performing their functions of collecting social
services recoveries and overpayments or amounts due as support in social services cases,
investigating social services fraud or locating absent parents of public assistance recipients, (4) to any authorized representative of the Commissioner of Children and Families
necessary information concerning a child or the immediate family of a child receiving
services from the Department of Social Services, including safety net services, if the
Commissioner of Children and Families or the Commissioner of Social Services has
determined that imminent danger to such child's health, safety or welfare exists to target
the services of the family services programs administered by the Department of Children
and Families, (5) to a town official or other contractor or authorized representative of
the Labor Commissioner such information concerning an applicant for or a recipient
of financial or medical assistance under state-administered general assistance deemed
necessary by said commissioners to carry out their respective responsibilities to serve
such persons under the programs administered by the Labor Department that are designed to serve applicants for or recipients of state-administered general assistance, (6)
to any authorized representative of the Commissioner of Mental Health and Addiction
Services for the purposes of the behavioral health managed care program established
by section 17a-453, or (7) to a health insurance provider, in IV-D support cases, as
defined in section 46b-231, information concerning a child and the custodial parent of
such child that is necessary to enroll such child in a health insurance plan available
through such provider when the noncustodial parent of such child is under court order
to provide health insurance coverage but is unable to provide such information, provided
the Commissioner of Social Services determines, after providing prior notice of the
disclosure to such custodial parent and an opportunity for such parent to object, that
such disclosure is in the best interests of the child. No such representative shall disclose
any information obtained pursuant to this section, except as specified in this section.
Any applicant for assistance provided through said department shall be notified that,
if and when such applicant receives benefits, the department will be providing law
enforcement officials with the address of such applicant upon the request of any such
official pursuant to section 17b-16a.
(c) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section
46b-231, in addition to the prohibitions of subsection (b) of this section, no information
shall be released concerning the whereabouts of one party to another party (1) against
whom a protective order, a restraining order or a standing criminal restraining order
with respect to the former party is in effect, or (2) if the department has reason to believe
that the release of the information may result in physical or emotional harm to the former
party.
(d) The Commissioner of Social Services shall provide written notice to a person
applying for or receiving assistance from the Department of Social Services or a person
participating in a program administered by said department that such person's address
and telephone number may be provided to the Department of Children and Families
pursuant to subdivision (2) of subsection (b) of this section.
(e) Penalties prescribed by subsection (b) of section 17b-97 shall apply to violations
of this section.
(1949 Rev., S. 2888, 2897, 2912; September, 1957, P.A. 11, S. 27, 28; March, 1958, P.A. 27, S. 73; 1969, P.A. 306;
1971, P.A. 642, S. 2; P.A. 73-25, S. 1, 4; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 69, 587, 608, 610; P.A. 78-303, S. 85, 126,
136; P.A. 88-156, S. 13; P.A. 93-262, S. 35, 87; P.A. 96-263, S. 1, 2; June 18 Sp. Sess. P.A. 97-2, S. 37, 124, 165; June
18 Sp. Sess. P.A. 97-7, S. 8, 38; June 18 Sp. Sess. P.A. 97-8, S. 19, 88; P.A. 98-239, S. 19, 35; 98-250, S. 30, 39; P.A. 03-89, S. 1; P.A. 04-76, S. 9.)
*Note: Section 122 of public act 97-2 of the June 18 special session is special in nature and therefore has not been
codified but remains in full force and effect according to its terms.
History: 1969 act added proviso in Subsec. (b) re access to welfare case records by representative of finance and control
commissioner; 1971 act rephrased proviso re access to records granted finance and control representative; P.A. 73-25
replaced reference to repealed Secs. 17-102 and 17-132 with reference to Subsec. (b) of Sec. 17-83i in Subsec. (c); P.A.
75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 77-614 replaced commissioner and department of finance and control with commissioner and department of administrative
services and, effective January 1, 1979, replaced commissioner and department of social services with commissioner and
department of income maintenance; P.A. 78-303 included in disclosure provision commissioner and department of state
police, replaced as of January 1, 1979, with commissioner and department of public safety; P.A. 88-156 replaced social
services recipients with public assistance recipients in Subsec. (b); P.A. 93-262 replaced references to "this chapter"
with references to programs of department of social services or persons participating in a program administered by said
department and replaced references to department and commissioner of income maintenance with references to department
and commissioner of social services, effective July 1, 1993; Sec. 17-83 transferred to Sec. 17b-90 in 1995; P.A. 96-263
amended Subsec. (b) to add Subdiv. (2) re the disclosure of the address and telephone number of a child receiving services
from the Department of Social Services to the Commissioner of Children and Families and added Subsec. (d) re the
provision of written notice to a person applying or receiving assistance from the Department of Social Services, effective
June 10, 1996 (Revisor's note: Subsec. (d) was editorially designated by the Revisors as Subsec. (c) and previously existing
Subsec. (c) designated as (d) to retain penalty provisions' placement at end of section); June 18 Sp. Sess. P.A. 97-2 amended
Subsec. (a) to make technical and conforming changes and amended Subsec. (b) by mandating the Commissioner of Social
Services to disclose to any authorized representative of the Labor Commissioner such information directly related to
unemployment compensation, administered pursuant to chapter 567 or information necessary for the implementation of
Secs. 17b-688b to 17b-688d, inclusive and Sec. 122 of June 18 Sp. Sess. P.A. 97-2, to disclose, to any authorized representative of the Commissioner of Mental Health and Addiction Services any information necessary for the implementation and
operation of the basic needs supplement program, to disclose to any authorized representative of the Commissioner of
Children and Families necessary information concerning the evaluation of the TANF program, expanding the mandate on
the Commissioner of Children and Families from providing the address and telephone number to any necessary information
of a child or the immediate family of a child receiving services from the Department of Social Services if the Commissioner
of Children and Families has determined that imminent danger to such child's health, safety or welfare exists, adding a
provision mandating an applicant for the program be notified that, if and when such applicant receives benefits, the department shall provide law enforcement officials with the name and address of such applicant upon the request of such official
pursuant to Sec. 17b-16a, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 inserted new Subsec. (c) re limitations on
disclosure of information of whereabouts of one party to another party in IV-D support cases, relettering former Subsecs.
(c) and (d) accordingly, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-8 made a technical change in Subsec. (a) and
amended Subsec. (b) by adding Subdiv. (3) re authorized representatives, effective July 1, 1997; P.A. 98-239 amended
Subsec. (b) to require the department to notify applicants for assistance under any department-administered program, rather
than just the temporary family assistance program, that it will provide law enforcement officials with their addresses,
eliminating reference to their names, effective June 8, 1998; P.A. 98-250 amended Subsec. (b) to expand Subdiv. (1) re
management of and payment for behavioral health services for general assistance and divided Subdiv. (1) into Subdivs.
(1), (2) and (3), deleted Subpara. (A) of former Subdiv. (2) re evaluation of temporary assistance for needy families
programs, added safety net services, Commissioner of Social Services and targeting of family services programs in former
Subdiv. (2) designating it as Subdiv. (4), added Subdiv. (5) re disclosure to town official or Labor Commissioner and
designated former Subdiv. (3) as Subdiv. (6), effective July 1, 1998; P.A. 03-89 amended Subsec. (b) by adding Subdiv.
(7) re permissible disclosures to health insurance providers in IV-D support cases and by making a technical change; P.A.
04-76 amended Subsec. (b) by deleting references to "general assistance".
Annotations to former section 17-83:
Cited. 165 C. 490, 493. Cited. 192 C. 310, 312.
Cited. 32 CS 598.
Subsec. (a):
Cited. 170 C. 258, 262.
Subsec. (b):
Protection of confidentiality discussed. 192 C. 310, 311, 313, 314, 318-320. Cited. 221 C. 393, 401.
Sec. 17b-91. (Formerly Sec. 17-83a). Eligibility exclusions. State supplement
program. Temporary family assistance program. (a) The commissioner shall exclude, in the determination of eligibility for the state supplement program and the temporary family assistance program, burial funds in an amount not to exceed the maximum
amount provided in section 17b-84. Such funds may be in the form of prepaid funeral
service contracts as described in section 42-200, irrevocable funeral contracts or the
face value of life insurance policies if the cash surrender value is excluded, or any
combination thereof, not to exceed the maximum amount provided in said section
17b-84.
(b) The commissioner shall exclude, in the determination of eligibility for the state
supplement program and for the temporary family assistance program, the value of a
burial plot not to exceed one exclusion per individual.
(c) The commissioner shall exclude from consideration as an asset, in the determination of eligibility for the state supplement program and for the temporary family assistance program, the value of an irrevocable funeral contract except that the value of such
contract shall be considered towards the amount excluded in subsection (a) of this
section.
(d) Nothing in this section shall prevent the commissioner from excluding from
consideration as an asset in the determination of eligibility for the state supplement
program, or the temporary family assistance program other personal or real property as
he determines is necessary for the effective administration of such programs.
(e) Where federal law or regulations governing the state supplement program, the
temporary family assistance program, or the medical assistance program conflict with
the provisions of this section, such law or regulations shall prevail.
(f) The exclusion for the burial fund amount in subsection (a) of this section, the
exclusion for the burial plot value in subsection (b) of this section and the exclusion for
the irrevocable funeral contract value in subsection (c) of this section shall be applied
by the commissioner uniformly throughout the state. For purposes of this section, "burial
plot" means a purchase of a grave site, opening and closing of a grave site, cremation
urn, casket, outer burial container and a headstone or marker.
(1959, P.A. 395, S. 4; 1963, P.A. 438, S. 1; February, 1965, P.A. 625, S. 1; 1967, P.A. 151, S. 1; 1969, P.A. 730, S.
35; P.A. 86-290, S. 3, 10; June 18 Sp. Sess. P.A. 97-2, S. 38, 165; P.A. 04-233, S. 1.)
History: 1963 act reduced dollar amount of contract from six hundred to four hundred; 1965 act increased dollar amount
to four hundred fifty; 1967 act made a further increase to five hundred dollars; 1969 act increased dollar amount of contract
to six hundred dollars; P.A. 86-290 entirely replaced prior provisions which had limited value of prearranged funeral
contracts which would not affect eligibility for assistance to six hundred dollars; Sec. 17-83a transferred to Sec. 17b-91
in 1995; June 18 Sp. Sess. P.A. 97-2 replaced references to aid to families with dependent children with temporary family
assistance and made technical changes, effective July 1, 1997; P.A. 04-233 added Subsec. (f) to require the commissioner
to apply the burial fund amount exclusion in Subsec. (a), the burial plot value exclusion in Subsec. (b), and the irrevocable
funeral contract value in Subsec. (c) uniformly throughout the state, and defined "burial plot".
Sec. 17b-92. (Formerly Sec. 17-83c). Relocation adjustment payments and reimbursements for moving and relocation expenses not considered income, earnings, assets or rent. (a) A relocation adjustment payment under Section 114 of the
federal Housing Act of 1949, as amended, shall not be considered income, earnings,
assets or rent in the determination of eligibility under any public assistance program
provided, if a recipient of such assistance receives a relocation adjustment payment in
excess of two hundred fifty dollars, the Commissioner of Social Services shall not be
required to provide such recipient with similar assistance for moving expenses or other
expenses directly related to relocation. In those instances where a recipient has received
a relocation adjustment payment in excess of two hundred fifty dollars and has also
been provided with similar assistance for moving expenses or other expenses directly
related to relocation, under any public assistance program such recipient shall be required to transfer or assign to the Commissioner of Social Services an amount equal
to the relocation assistance that had been received from the Commissioner of Social
Services.
(b) Any payment made pursuant to section 47-88d to a recipient of public assistance
shall not be considered income, earnings, assets or rent in the determination of eligibility
for any public assistance program and shall not be deducted from the amount of assistance to which the recipient would otherwise be entitled.
(1967, P.A. 620, S. 1; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 83-117, S. 1, 2; P.A. 93-262, S. 1, 87; June
18 Sp. Sess. P.A. 97-2, S. 39, 165; P.A. 04-76, S. 10.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 83-117 added
Subsec. (b) concerning payments made pursuant to Sec. 47-88d and clarified references to applicable assistance programs
in prior provisions; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-83c transferred to Sec. 17b-92 in 1995; June
18 Sp. Sess. P.A. 97-2 made technical and conforming changes, effective July 1, 1997; P.A. 04-76 deleted references to
"general assistance" and "general assistance program".
Sec. 17b-93. (Formerly Sec. 17-83e). Claim of state for repayment of aid. Exceptions. Regulations. (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 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) of this section, which
shall have priority over all other unsecured claims and unrecorded encumbrances,
against such beneficiary for the full amount paid, subject to the provisions of section
17b-94, to him or in his behalf under said programs; 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 said section 17b-94, to the state the full amount of any such aid paid
to or in behalf of either parent, his spouse, and his child or children. 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 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 court-ordered
retroactive rent abatement, including any made pursuant to subsection (e) of section
47a-14h, 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.
(d) Notwithstanding any provision of the general statutes, whenever funds are collected pursuant to this section or section 17b-94, 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 Bureau of Child Support Enforcement 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.
(1969, P.A. 730, S. 28; P.A. 76-334, S. 5, 12; P.A. 80-483, S. 73, 186; P.A. 81-18; P.A. 83-581, S. 30, 40; P.A. 85-564, S. 11, 12; P.A. 86-315, S. 1, 5; 86-359, S. 27, 44; P.A. 87-339, S. 1; P.A. 97-312, S. 2; June 18 Sp. Sess. P.A. 97-2,
S. 40, 165; P.A. 99-279, S. 5; P.A. 01-207, S. 2, 12.)
History: P.A. 76-334 made section applicable to those who have property as well as those who afterwards acquire
property and added provisions re liens for amounts owing for court-ordered support; P.A. 80-483 replaced reference to
repealed Sec. 52-352 with reference to Secs. 52-352a to 52-352e; P.A. 81-18 deleted a provision that reimbursement for
claims made after October 1, 1959, be restricted to medical disbursements actually made for the care of a beneficiary; P.A.
83-581 replaced "other personal property identified in sections 52-352a to 52-352c, inclusive" with "other personal property
identified in section 52-352b"; P.A. 85-564 added "subject to the provisions of section 17-83f" in two places; P.A. 86-315
made a technical change in Subsec. (a) and added a new Subsec. (b) which exempted any person under eighteen years of
age, who received cash benefits under the AFDC program, from repaying the state for the assistance; P.A. 86-359 added
reference to support orders issued by family support magistrates; P.A. 87-339 specified instances in which no claims shall
be made or liens applied; Sec. 17-83e transferred to Sec. 17b-93 in 1995; P.A. 97-312 amended Subsec. (a) by exempting
"moneys received for the replacement of real or personal property" from claim by the state for repayment of aid; June 18
Sp. Sess. P.A. 97-2 made technical and conforming changes, effective July 1, 1997; P.A. 99-279 added a new Subsec. (d)
providing that whenever funds are collected by the state through claims or liens and the person otherwise entitled to
such funds is subject to a court-ordered child support payment obligation, such funds shall first be paid to the state for
reimbursement of Medicaid funds and then be paid to the Bureau of Child Support Enforcement for distribution and the
remainder, if any, shall be paid to the state for payment of previously provided public assistance; P.A. 01-207 added Subsec.
(e) requiring commissioner to adopt regulations to establish criteria and procedures for adjustment of the state's claim
under Subsec. (a) re noncustodial parents, effective July 1, 2001.
Annotations to former section 17-83e:
Proceeds from sale of family home by former recipient of aid to dependent children benefits are subject to claim of
commissioner beyond amount secured by lien and paid pursuant to section 17-82c. 168 C. 112. State precluded from
seeking restitution pursuant to a lien created under this section. 179 C. 463, 468-470. Restriction on claim of state to
"medical disbursements actually made for care of any such beneficiary" is construed to mean that recoupment cannot
exceed the charges made by hospital for comparable services to the general public. 181 C. 130, 133-135. Cited. 192 C.
520, 525. Cited. 211 C. 323, 326-329. Cited. 239 C. 471. Cited. Id., 791.
Cited. 20 CA 470, 471. Cited. 39 CA 709-712.
Cited. 34 CS 578, 591. Welfare commissioner is not authorized to require assignments of interests other than the
proceeds of causes of action as condition of continuing eligibility for benefits. 34 CS 586, 589. Cited. Id., 586, 588-591.
Cited. Id., 628, 631. Cited. 35 CS 603, 607. Cited. Id., 628, 632, 633, 636, 638. Cited. 40 CS 394, 433. Cited. 42 CS 548,
551, 554-556.
Subsec. (a):
Cited. 39 CA 709, 710, 712.
Annotations to present section:
Cited. 239 C. 471. Cited. Id., 791.
Cited. 37 CA 105, 116. Cited. 39 CA 709-712. Cited. 40 CA 829, 831.
Liens under section would be in addition to any lien for past due support obligations under Sec. 52-362d. 47 CS 583.
Subsec. (a):
Cited. 239 C. 471.
Cited. 39 CA 709, 710, 712. Cited. 40 CA 829, 831.
State has the right to seek TANF benefits paid on behalf of children from their parents. 47 CS 42.
Sec. 17b-94. (Formerly Sec. 17-83f). State's claim against proceeds of cause
of action. Assignment of interest in estate to the state. (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, subject to subsections (b)
and (c) of section 17b-93, or of a parent of a beneficiary of the aid to families with
dependent children program, the temporary family assistance program or the state-administered general assistance program, 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 said section 17b-93, 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. The proceeds of such causes of action shall
be assignable to the state for payment of the amount due under said section 17b-93,
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, subject to subsections (b) and (c) of section 17b-93, fifty per cent of the
assets of the estate payable to the beneficiary 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 said section 17b-93. The state shall have a lien against such
assets in the applicable amount specified in this subsection. The Court of Probate shall
accept any such assignment executed by the beneficiary 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 therewith. 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.
(1969, P.A. 730, S. 29; 1971, P.A. 114; P.A. 77-263; 77-614, S. 70, 587, 610; P.A. 82-321; P.A. 84-455, S. 1; P.A. 85-564, S. 10, 12; P.A. 86-315, S. 2, 5; P.A. 87-339, S. 2; P.A. 96-62; June 18 Sp. Sess. P.A. 97-2, S. 41, 165; P.A. 04-234,
S. 15.)
History: 1971 act required assignment of proceeds to state for payment of amount due, regardless of any other provision
of law; P.A. 77-263 provided that if attorney not notified of lien amount within thirty days of attorney's request for
information, lien of state held invalid; P.A. 77-614 replaced commissioner of finance and control with commissioner of
administrative services; P.A. 82-321 added Subsec. (b) providing procedure for the assignment of interest in an estate by
the beneficiary to the state and requiring acceptance of such assignment by the probate court; P.A. 84-455 amended section
to apply to causes of action of parents of AFDC beneficiaries and to specify that state's lien limited to amount of assistance
paid or fifty per cent of proceeds, whichever is less; P.A. 85-564 specified that proceeds which state may impose lien
against are those "received by such beneficiary or such parent after payment of all expenses connected with the cause of
action" in Subsec. (a) and amended Subsec. (b) to limit amount assignable to state to fifty per cent or amount equalizing
the amount of assistance paid, whichever is less, where previously no limits were specified; P.A. 86-315 added references
to Subsec. (b) of Sec. 17-83e; P.A. 87-339 added the references to Subsec. (c) of Sec. 17-83e; Sec. 17-83f transferred to
Sec. 17b-94 in 1995; P.A. 96-62 amended Subsec. (a) by changing "thirty days" to "forty-five days" as time limit for
commissioner's notification of beneficiary's attorney of lien amount; June 18 Sp. Sess. P.A. 97-2 made technical and
conforming changes, effective July 1, 1997; P.A. 04-234 amended Subsec. (b) to provide that the state shall have a lien
against assets in the applicable amount specified and to require the Court of Probate to accept lien notice under the same
conditions that it accepts assignment executed by a beneficiary, effective June 8, 2004.
Annotations to former section 17-83f:
Cited. 168 C. 112. Cited. 181 C. 130, 132, 133, 135. Cited. 219 C. 384, 386, 388. Cited. 239 C. 471. Cited. Id., 791.
Cited. 39 CA 709-713.
Section 17-83f creates a nonconsensual statutory lien on the proceeds of causes of action of welfare beneficiaries upon
their receipt of notice of the lien. 31 CS 552. This is a supplementary regulation promulgated within the legitimate sphere
of state administration which does not conflict with the Social Security Act and thus does not violate the supremacy clause.
32 CS 514, 519. Cited. 34 CS 586, 588, 590. Beneficiary has obligation to reimburse, and statutory lien on proceeds of
beneficiary's personal injury action does not offend due process as deprivation of property. 35 CS 622-624. Cited. 42 CS
548-557.
Subsec. (a):
Cited. 219 C. 384, 385, 387, 390.
Cited. 39 CA 709, 710, 712.
Annotations to present section:
Cited. 239 C. 471. Cited. Id., 791. Cited. 247 C. 686.
Cited. 39 CA 709-713. Cited. 40 CA 829-833, 835.
Section applies to amount of assistance paid out on the case and does not reflect state's interest in pursuing the balances
on court-ordered arrearages. 47 CS 583.
Subsec. (a):
Cited. 239 C. 791.
Cited. 39 CA 709, 710, 712. Cited. 40 CA 829, 831.
Subsec. (b):
Applies only to inheritances by living public assistance beneficiaries. 239 C. 471.
Sec. 17b-95. (Formerly Sec. 17-83g). State's claim on death of beneficiary or
parent of beneficiary. Sums due pursuant to an annuity contract. (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, except as provided in subsection (b) of
section 17b-93, 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 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.
(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.
(1969, P.A. 730, S. 30; P.A. 77-614, S. 70, 610; P.A. 78-337, S. 6, 11; P.A. 86-315, S. 3, 5; P.A. 88-156, S. 14; 88-364, S. 26, 123; June 18 Sp. Sess. P.A. 97-2, S. 42, 165; June 30 Sp. Sess. P.A. 03-3, S. 59; P.A. 04-258, S. 11.)
History: P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A.
78-337 specified applicable program as aid to families with dependent children, rather than as "aid to dependent children"
and deleted reference to six hundred dollar limit on funeral and burial expenses in Subdiv. (2), referring instead to expenses
allowed under Sec. 17-82q; P.A. 86-315 added reference to Subsec. (b) of Sec. 17-83e; P.A. 88-156 and P.A. 88-364
made technical changes; Sec. 17-83g transferred to Sec. 17b-95 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and
conforming changes, effective July 1, 1997; June 30 Sp. Sess. P.A. 03-3 designated existing provisions as Subsecs. (a),
(b), and (c), in Subsec. (a) adding that effective September 1, 2003, recipients of "Connecticut Pharmaceutical Assistance
Contract to the Elderly and Disabled Program" benefits are subject to estate recovery provisions, and in Subsec. (b) adding
provision re state's claim for recovery of ConnPACE program benefits restricted to persons dying after September 1, 2003,
for "benefits actually received on or after July 1, 2003", added Subsec. (d) providing that all sums due to any individual
on or after July 1, 2003, pursuant to the terms of an annuity contract purchased by a public assistance beneficiary, shall
be payable to the state to the extent needed to achieve full reimbursement of the public assistance benefits received, and
made technical changes, effective August 20, 2003; P.A. 04-258 amended Subsec. (a) by deleting provisions that, on or
after September 1, 2003, allowed the state to make a claim for reimbursement of benefits paid against the estate of a
Connecticut Pharmaceutical Assistance Contract to the Elderly and Disabled Program beneficiary and amended Subsec.
(b) by deleting provision that authorized recovery of ConnPACE program benefits for those benefits received on or after
July 1, 2003, effective June 1, 2004.
Annotations to former section 17-83g:
Cited. 239 C. 471.
Cited. 34 CS 518, 519, 523. Cited. 42 CS 548, 549, 551, 554-558.
Annotations to present section:
Cited. 239 C. 471. Statute requires a person's Medicaid debt be satisfied prior to payment of other personal debts, such
as credit card debts, that the person incurs. 248 C. 708.
Sec. 17b-96. (Formerly Sec. 17-83h). Collection of state's claim. Disposition
of recoveries. The Attorney General shall collect any claim which the state may have
hereunder against any person, or his estate, and any amount recovered shall be paid to
the State Treasurer, to be placed to the credit of the state General Fund. The statute of
limitations shall not apply to any action for such collection. In each case in which the state
shall have recovered any amount with respect to assistance furnished any beneficiary, the
federal portion of the amount so recovered shall be promptly paid to the United States,
if required as a condition of federal financial participation.
(1969, P.A. 730, S. 31.)
History: Sec. 17-83h transferred to Sec. 17b-96 in 1995.
Sec. 17b-97. (Formerly Sec. 17-83i). Fraud in obtaining aid or food stamps or
receiving payment. Penalties. Unlawful award of public assistance benefits. (a) Any
food stamps furnished or any sums paid to or on behalf of any person under the state
supplement program, medical assistance program, temporary family assistance program, aid to families with dependent children program, state-administered general assistance program or food stamps program as a result of any false statement, misrepresentation or concealment of or failure to disclose assets by him, or by any person legally
liable for his support, may be recovered in an action brought by the state against such
person or persons.
(b) Any person who, by means of an intentionally false statement or misrepresentation or by impersonation or other fraudulent act or device, obtains, or attempts to obtain,
or aids or abets any person to obtain, any monetary award under the state supplement
program, medical assistance program, temporary family assistance program, aid to families with dependent children program, state-administered general assistance program
or food stamps program to which he is not entitled; and any person who, with intent to
defraud, buys or aids or abets in buying or in any way disposing of the property of a
person receiving an award, and any person who, with intent to defraud, violates the
provisions of section 17b-85 or any other provision of said programs shall be subject to
the penalties for larceny under sections 53a-122 and 53a-123, depending on the amount
involved. When a person receiving assistance is convicted of an offense involving an
overpayment of public assistance under said sections, the Commissioner of Social Services may discontinue his award or take such other action as conforms to federal regulations.
(c) Repealed by P.A. 74-140, S. 3.
(d) Any person who, by means of an intentionally false statement or misrepresentation or by impersonation or other fraudulent act or device, obtains, or attempts to obtain,
or aids or abets any person to obtain, or who knowingly uses, transfers, acquires, alters,
or attempts to use, traffic in, forge or possess, any United States Department of Agriculture food coupon, food stamp coupon authorization to participate card, or Department
of Social Services public assistance photographic identification card or electronically
coded identification and debit card, shall be subject to the penalties for larceny under
sections 53a-122 and 53a-123, depending on the amount involved.
(e) Any person having duties in the administration of a state or federally funded
public assistance program who fraudulently misappropriates, attempts to misappropriate, or aids and abets in the misappropriation of any United States Department of Agriculture food coupon, food stamp coupon authorization to participate card, or Department
of Social Services public assistance photographic identification card or electronically
coded identification and debit card, shall be subject to the penalties for larceny under
sections 53a-122 and 53a-123, depending on the amount involved and shall be subject
to discipline or discharge by the commissioner.
(f) Any person having duties in the administration of a state or federally funded
public assistance program who, directly or indirectly, by himself or by another, solicits,
accepts or agrees to accept from another, any benefit for, because of or as consideration
for, taking, or promising to take, action which results, or is intended to result, in the
unlawful award, transfer or receipt of public assistance benefits or United States Department of Agriculture food stamp benefits shall be subject to the penalty provided for
bribe receiving under section 53a-148 and shall be subject to discipline or discharge by
the commissioner.
(1969, P.A. 730, S. 25; P.A. 73-48; 73-389; P.A. 74-140, S. 1, 3; 74-338, S. 84, 94; P.A. 75-420, S. 4, 6; 75-558, S. 1;
P.A. 77-516; 77-614, S. 608, 610; P.A. 79-146, S. 2; P.A. 84-59, S. 1; P.A. 93-262, S. 1, 87; P.A. 95-356, S. 1; P.A. 96-169, S. 17; June 18 Sp. Sess. P.A. 97-2, S. 43, 165.)
History: P.A. 73-48 added Subsec. (c) re judgments against person convicted of violation of law re public assistance;
P.A. 73-389 specified laws for which provisions are applicable in Subsec. (b), deleting reference to "laws governing
assistance for the aged, the blind and the totally disabled", replaced penalty of two hundred dollar maximum fine and/or six
month's maximum imprisonment with penalties of specific classes and required discontinuance of award for overpayment
offenses rather than "offenses under this section"; P.A. 74-140 made discontinuance of award for overpayment offenses
optional rather than mandatory, allowed commissioner to take other action conforming to federal regulations and repealed
Subsec. (c); P.A. 74-338 replaced provision for penalties of class C or D felony and class B misdemeanor with provision
for penalty for larceny under Secs. 53a-122 to 53a-125; P.A. 75-420 replaced welfare commissioner with commissioner
of social services; P.A. 75-558 deleted from applicability of provisions vendors of goods and services who receive payments
exceeding amount allowed by law and those who pay such vendors more than amount so allowed; P.A. 77-516 made
obtaining food stamps fraudulently an offense under Subsec. (b); P.A. 77-614 replaced commissioner of social services
with commissioner of income maintenance, effective January 1, 1979; P.A. 79-146 included food stamp offenses in Subsec.
(a); P.A. 84-59 amended Subsec. (b) by deleting phrases "or any food stamps under section 17-12a" and "without the
consent of the commissioner" and added "with intent to defraud" and reference to Sec. 53a-123, and added Subsecs. (d),
(e) and (f) re (1) fraudulent use of food coupons or public assistance identification card, (2) fraud by person having duties
in administration of state or federally funded public assistance program and (3) soliciting or accepting benefits for unlawful
award of public assistance benefits by person having duties in administration of a state or federally funded public assistance
program; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and
department of income maintenance, effective July 1, 1993; Sec. 17-83i transferred to Sec. 17b-97 in 1995; P.A. 95-356
amended Subsecs. (d) and (e) by adding an "electronically coded identification and debit card" to the list of items prohibited
from being fraudulently used; P.A. 96-169 amended Subsecs. (e) and (f) to subject persons administering program to
discipline or discharge by the commissioner for fraudulent acts; June 18 Sp. Sess. P.A. 97-2 made technical and conforming
changes, effective July 1, 1997.
Annotations to former section 17-83i:
Cited. 176 C. 57, 62. Cited. 202 C. 86-88.
Requires a showing that a false representation or statement of a past or existing fact was made by the accused. 32 CS 591.
Subsec. (b):
Cited. 6 Conn. Cir. Ct. 390.