Sec. 17b-192. (Formerly Sec. 17b-257). Medical assistance component of state-administered general assistance program. Medical services provided. Eligibility.
Enrollment in federally qualified community health centers. Pharmacy services.
Reimbursement to providers. Regulations. (a) The Commissioner of Social Services
shall implement a state medical assistance component of the state-administered general
assistance program for persons ineligible for Medicaid. Not later than October 1, 2003,
each person eligible for state-administered general assistance shall be entitled to receive
medical care through a federally qualified health center or other primary care provider as
determined by the commissioner. The Commissioner of Social Services shall determine
appropriate service areas and shall, in the commissioner's discretion, contract with community health centers, other similar clinics, and other primary care providers, if necessary, to assure access to primary care services for recipients who live farther than a
reasonable distance from a federally qualified health center. The commissioner shall
assign and enroll eligible persons in federally qualified health centers and with any other
providers contracted for the program because of access needs. Not later than October
1, 2003, each person eligible for state-administered general assistance shall be entitled
to receive hospital services. Medical services under the program shall be limited to
the services provided by a federally qualified health center, hospital, or other provider
contracted for the program at the commissioner's discretion because of access needs.
The commissioner shall ensure that ancillary services and specialty services are provided
by a federally qualified health center, hospital, or other providers contracted for the
program at the commissioner's discretion. Ancillary services include, but are not limited
to, radiology, laboratory, and other diagnostic services not available from a recipient's
assigned primary-care provider, and durable medical equipment. Specialty services are
services provided by a physician with a specialty that are not included in ancillary services. In no event shall ancillary or specialty services provided under the program exceed
such services provided under the state-administered general assistance program on July
1, 2003. Eligibility criteria concerning income shall be the same as the medically needy
component of the Medicaid program, except that earned monthly gross income of up
to one hundred fifty dollars shall be disregarded. Unearned income shall not be disregarded. No person who has family assets exceeding one thousand dollars shall be eligible. No person eligible for Medicaid shall be eligible to receive medical care through the
state-administered general assistance program. No person shall be eligible for assistance
under this section if such person made, during the three months prior to the month of
application, an assignment or transfer or other disposition of property for less than fair
market value. The number of months of ineligibility due to such disposition shall be
determined by dividing the fair market value of such property, less any consideration
received in exchange for its disposition, by five hundred dollars. Such period of ineligibility shall commence in the month in which the person is otherwise eligible for benefits.
Any assignment, transfer or other disposition of property, on the part of the transferor,
shall be presumed to have been made for the purpose of establishing eligibility for
benefits or services unless such person provides convincing evidence to establish that
the transaction was exclusively for some other purpose.
(b) Recipients covered by a general assistance program operated by a town shall be
assigned and enrolled in federally qualified health centers and with any other providers in
the same manner as recipients of medical assistance under the state-administered general
assistance program pursuant to subsection (a) of this section.
(c) On and after October 1, 2003, pharmacy services shall be provided to recipients
of state-administered general assistance through the federally qualified health center to
which they are assigned or through a pharmacy with which the health center contracts.
Prior to said date, pharmacy services shall be provided as provided under the Medicaid
program. Recipients who are assigned to a community health center or similar clinic or
primary care provider other than a federally qualified health center or to a federally
qualified health center that does not have a contract for pharmacy services shall receive
pharmacy services at pharmacies designated by the commissioner.
(d) The Commissioner of Social Services shall contract with federally qualified
health centers or other primary care providers as necessary to provide medical services
to eligible state-administered general assistance recipients pursuant to this section. The
commissioner shall, within available appropriations, make payments to such centers
based on their pro rata share of the cost of services provided or the number of clients
served, or both. The Commissioner of Social Services shall, within available appropriations, make payments to other providers based on a methodology determined by the
commissioner. The Commissioner of Social Services may reimburse for extraordinary
medical services, provided such services are documented to the satisfaction of the commissioner. For purposes of this section, the commissioner may contract with a managed
care organization or other entity to perform administrative functions, including a grievance process for recipients to access review of a denial of coverage for a specific medical
service, and to operate the program in whole or in part. Provisions of a contract for
medical services entered into by the commissioner pursuant to this section shall supersede any inconsistent provision in the regulations of Connecticut state agencies. A recipient who has exhausted the grievance process established through such contract and
wishes to seek further review of the denial of coverage for a specific medical service
may request a hearing in accordance with the provisions of section 17b-60.
(e) Each federally qualified health center participating in the program shall, within
thirty days of August 20, 2003, enroll in the federal Office of Pharmacy Affairs Section
340B drug discount program established pursuant to 42 USC 256b to provide pharmacy
services to recipients at Federal Supply Schedule costs. Each such health center may
establish an on-site pharmacy or contract with a commercial pharmacy to provide such
pharmacy services.
(f) The Commissioner of Social Services shall, within available appropriations,
make payments to hospitals for inpatient services based on their pro rata share of the
cost of services provided or the number of clients served, or both. The Commissioner
of Social Services shall, within available appropriations, make payments for any ancillary or specialty services provided to state-administered general assistance recipients
under this section based on a methodology determined by the commissioner.
(g) On or before March 1, 2004, the Commissioner of Social Services shall seek a
waiver of federal law under the Health Insurance Flexibility and Accountability demonstration initiative for the purpose of extending health insurance coverage under Medicaid
to persons qualifying for medical assistance under the state-administered general assistance program. The provisions of section 17b-8 shall apply to this section.
(h) The commissioner, 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 as regulation, provided the commissioner prints notice of
the intent to adopt the regulation in the Connecticut Law Journal not later than twenty
days after the date of implementation. Such policy shall be valid until the time final
regulations are adopted.
(May Sp. Sess. P.A. 92-16, S. 21, 89; P.A. 93-262, S. 1, 87; P.A. 93-418, S. 7, 41; P.A. 95-351, S. 8, 30; P.A. 96-268,
S. 23, 34; P.A. 97-143, S. 1, 4; June 18 Sp. Sess. P.A. 97-2, S. 68, 165; June Sp. Sess. P.A. 01-2, S. 59, 69; June Sp. Sess.
P.A. 01-9, S. 129, 131; May 9 Sp. Sess. P.A. 02-7, S. 19; P.A. 03-2, S. 18; June 30 Sp. Sess. P.A. 03-3, S. 43; P.A. 04-16,
S. 5; 04-258, S. 9; May Sp. Sess. P.A. 04-2, S. 87.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and
department of income maintenance, effective July 1, 1993; P.A. 93-418 changed the date for implementing program from
July 1, 1994, to July 1, 1996, effective July 1, 1993; Sec. 17-12ii transferred to Sec. 17b-257 in 1995; P.A. 95-351 changed
the implementation date for the state medical program from July 1, 1996, to July 1, 1998, and provided that such program
shall be implemented in the towns in which the fourteen regional or district offices of the Department of Social Services
are located on or before April 1, 1997, effective July 1, 1995; P.A. 96-268 added a provision requiring the commissioner,
effective July 1, 1997, to implement a managed care program for medical services for the state medical assistance program,
except for services provided pursuant to Sec. 17a-453a, effective July 1, 1996; P.A. 97-143 changed the implementation
date for the managed care program from July 1, 1997, to on or after April 1, 1997, and added a provision allowing the
commissioner to enter into contracts including purchase of service agreements, effective June 13, 1997; June 18 Sp. Sess.
P.A. 97-2 replaced a reference to aid to families with dependent children with temporary family assistance and made
technical changes, effective July 1, 1997; June Sp. Sess. P.A. 01-2 added exception for nonemergency medical transportation, effective July 1, 2001; June Sp. Sess. P.A. 01-9 changed effective date of June Sp. Sess. P.A. 01-2 from July 1, 2001,
to August 1, 2001; May 9 Sp. Sess. P.A. 02-7 added eye care, optical hardware and optometry care, podiatry, chiropractic,
natureopathy and home health care as exceptions to services covered under the state medical assistance program, effective
August 15, 2002; P.A. 03-2 designated existing provisions as Subsec. (a), making a technical change therein, and added
Subsec. (b) re cost-sharing requirements for recipients of medical assistance, effective February 28, 2003; June 30 Sp.
Sess. P.A. 03-3 replaced former Subsecs. (a) and (b) with new Subsec. (a) requiring commissioner to implement a state
medical assistance component of the state-administered general assistance program with eligible persons receiving medical
care through federally qualified health centers or other providers with whom commissioner contracts, new Subsec. (b)
providing that recipients of town-operated general assistance programs shall also receive medical services through federally
qualified health centers or other providers with whom the commissioner contracts, new Subsec. (c) re pharmacy services
being provided to eligible persons through federally qualified health centers or a pharmacy with which the health center
contracts, new Subsec. (d) imposing copayment of one dollar and fifty cents for prescriptions, new Subsec. (e) re payments
by commissioner to entities providing medical services to eligible state-administered general assistance recipients, new
Subsec. (f) requiring federally qualified health centers participating in program to enroll in federal drug discount program,
new Subsec. (g) re payments by commissioner for inpatient hospital services, specialty services and ancillary services
provided to eligible recipients, and new Subsec. (h) requiring commissioner to seek waiver of federal law that would permit
extension of health insurance coverage under Medicaid to recipients of medical assistance under the state-administered
general assistance program, effective August 20, 2003; P.A. 04-16 made a technical change in Subsec. (a); P.A. 04-258
amended Subsec. (a) by adding ineligibility provision for those persons, who during the three months prior to the date of
application for medical assistance, assigned, transferred or otherwise disposed of property for less than fair market value,
and by adding provisions re calculating time period of ineligibility and evidentiary standard used in connection with review
of such property dispositions, deleted former Subsec. (d) re prescription drug copayment, redesignated existing Subsecs.
(e) to (h), inclusive, as Subsecs. (d) to (g), inclusive, and added new Subsec. (h) re authority of commissioner to implement
policies and procedures relative to section while in the process of adopting such policies and procedures as regulation,
effective July 1, 2004; May Sp. Sess. P.A. 04-2 amended Subsec. (d) to permit commissioner to contract with a managed
care organization or other entity with respect to the state-administered general assistance grievance process and to operate
the program in whole or in part, and to provide that a program recipient who has exhausted the grievance process with
respect to denial of coverage for a specific medical service may request a hearing in accordance with Sec. 17b-60, effective
May 12, 2004; Sec. 17b-257 transferred to Sec. 17b-192 in 2005.
See Sec. Sec. 17b-193 re administrative review process for denial, modification or termination of state-administered
general assistance cash or medical benefits.
Sec. 17b-193. Administrative review process re denial, modification or termination of state-administered general assistance cash or medical benefits. A person
whose application for state-administered general assistance cash or medical benefits is
denied or whose receipt of such assistance is terminated or modified may request a
hearing pursuant to section 17b-60, provided a recipient of medical benefits who seeks
review of a denial of coverage for a specific medical service shall exhaust the grievance
process available pursuant to section 17b-192 prior to requesting such a hearing.
(June 30 Sp. Sess. P.A. 03-3, S. 44; P.A. 04-258, S. 38.)
History: June 30 Sp. Sess. P.A. 03-3 effective August 20, 2003; P.A. 04-258 replaced former Subsecs. (a) to (c),
inclusive, with provision permitting persons aggrieved by a decision of the department with respect to state-administered
general assistance cash or medical benefits to request a hearing pursuant to Sec. 17b-60, provided recipients of medical
benefits who seek a review of denial of specific medical service must first exhaust grievance process set forth in Sec. 17b-192, effective July 1, 2004.
Sec. 17b-194. (Formerly Sec. 17b-689). Definitions. Recommendations of
medical review team. (a) For the purposes of this section and sections 17b-131, 17b-191 to 17b-193, inclusive, 17b-195, 17b-197 and 17b-198, (1) an "employable person"
means one (A) who is sixteen years of age or older but less than sixty-five years of age;
and (B) who has no documented physical or mental impairment prohibiting such person
from working or participating in an education, training or other work readiness program,
or who has such an impairment which is expected to last less than two months, as
determined by the commissioner; (2) an "unemployable person" means a person who
(A) is under sixteen years of age or sixty-five years of age or older or fifty-five years
of age or older with a history of chronic unemployment; (B) has a physical or mental
impairment prohibiting such person from working or participating in an education, training or other work-readiness program, which is expected to last at least six months, as
determined by the commissioner; (C) is pending receipt of supplemental security income, Social Security income or financial assistance through another program administered by the Department of Social Services; (D) is needed to care for a child under two
years of age or to care for an incapacitated child or spouse; (E) is a full-time high school
student in good standing; or (F) is a VISTA volunteer; and (3) a "transitional individual"
means a person (A) who has a documented physical or mental impairment which prevents employment and is expected to last at least two months, but less than six months,
as determined by the commissioner, and who has a recent connection to the labor market,
unless circumstances precluded participation in the labor force, as determined by the
commissioner; or (B) whose determination of unemployability or disability, as defined
by the commissioner, is pending and who provides medical documentation of a severe
physical or mental impairment which is expected to last at least six months. A person
who is a substance abuser shall be required to participate in treatment, including counseling, and shall be eligible for assistance while waiting for treatment.
(b) The Commissioner of Social Services, when making determinations concerning
disabilities or impairments which are expected to last a period of six months or longer
in accordance with subsection (a) of this section, shall make such determinations based
on the recommendations made by a medical review team.
(1961, P.A. 503; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 79-337, S. 2; P.A. 80-395, S. 1, 7; P.A. 81-134,
S. 1, 2; P.A. 82-78, S. 1, 2; 82-147, S. 2, 4; 82-214, S. 2, 3, 6; P.A. 83-535, S. 1, 3; P.A. 84-168, S. 1, 4; P.A. 86-415, S.
2, 10; P.A. 87-176; 87-308, S. 1, 2; P.A. 88-156, S. 17; 88-236; P.A. 89-62, S. 1, 2; 89-239, S. 3; 89-293; May Sp. Sess.
P.A. 92-16, S. 11, 89; P.A. 93-262, S. 1, 87; P.A. 96-268, S. 24, 34; June 18 Sp. Sess. P.A. 97-2, S. 78, 165; June 30 Sp.
Sess. P.A. 03-3, S. 46.)
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. 79-337 allowed
towns to require persons receiving support to participate in education or training programs; P.A. 80-395 required towns
to establish work programs and required assistance recipients to participate in town program or other approved work,
training, education etc. program, amending provisions accordingly and designating former Subsecs. (b) and (c) as (d) and
(e), deleting former Subsec. (d) and inserting new Subsecs. (b), (c) and (f); P.A. 81-134 amended Subsec. (e) to allow
towns to apply the thirty-five dollar payment for each recipient toward the cost of workers' compensation insurance and
added Subsec. (g) providing that workfare participants are included in definition of employee for purposes of workers'
compensation insurance, establishing pay rates for participation in work, training or education program, etc.; P.A. 82-78
redefined "employable person" in Subsec. (c) to add the restriction that the person not be in full-time attendance in high
school; P.A. 82-147 amended Subsec. (a) to allow placement of employable persons in private employers' training programs
and added exceptions for persons participating in such programs to the hour and payment restrictions; P.A. 82-214 amended
Subsec. (a) to (1) require that persons who refuse or wilfully fail to report for work or to participate in the program be
ineligible to apply for assistance for thirty days for the first refusal or failure, sixty days for the second and ninety for the
third and all subsequent refusals or failures, replacing provision whereby ineligibility continued until person reported for
and performed work or participated in education or training program to which he was assigned, (2) give the person the
ability to request placement during ineligibility and payment at his benefit rate at the end of each week's work, (3) specify
that the period of ineligibility commence on the day immediately following the actual date of termination, (4) require
the commissioner of income maintenance to adopt regulations to administer the ineligibility provisions and added the
requirement that payment for work over the budget deficit be within thirty days and amended Subsec. (f) to require
participation by at least two-thirds of the employable recipients within two years of plan approval and to require the
commissioner of income maintenance to develop positions in state agencies for up to twelve per cent of the participants
from each town with a population in excess of one hundred thousand, specifying that if such positions are not developed
and the town has the required number of participants minus twelve per cent the town shall not be denied reimbursement
for the twelve per cent; P.A. 83-535 amended Subsec. (f) to change the requirement from "all" employable recipients
participating after "four" years to "eighty-five per cent" after "five" years, changed the number of positions which the
commissioner has to develop for the placement of recipients from "up to twelve per cent of the workfare participants from
each town whose population exceeds one hundred thousand" to "twenty-five per cent" from each town which has over
"one hundred eighty" participants and added the provision for positions in public or private nonprofit agencies and the
requirement that the commissioners of other state agencies cooperate in the development of positions; P.A. 84-168 amended
Subsec. (a) by adding the one-time limitation on a request for placement during each period of ineligibility and by changing
the payment date from at the end of the week's work to the next scheduled date for assistance payments and amended
Subsec. (f) by removing the requirement that eighty-five per cent of the employable recipients become participants within
five years of plan approval; P.A. 86-415 amended Subsec. (a) to require that if a one-year period elapses, from a prior to
a subsequent refusal, the result shall be a thirty-day period of ineligibility; P.A. 87-176 amended Subsec. (a) by removing
provisions increasing the time a person is ineligible to apply for assistance based on the number of times he refused or
wilfully failed to report or to participate; P.A. 87-308 amended Subsec. (e) to increase the payment for administrative costs
from "thirty-five" to "fifty" dollars; P.A. 88-156 authorized the continuation of the two-thirds placement ratio and required
the commissioner to adopt regulations to establish the criteria for calculating such compliance ration in Subsec. (f); P.A.
88-236 added provision exempting a town liable to support a general assistance recipient from including the recipient in
the town's work, education or training program if the recipient is not a resident of the town providing support in Subsec.
(f); P.A. 89-62 deleted the references to the Fair Labor Standards Act of 1938 and added a reference to the minimum hourly
wage pursuant to Sec. 31-58 in Subsecs. (a) and (g); P.A. 89-239 amended Subsec. (c) by excluding from the definition
of "employable person" one who is without a permanent domicile and is temporarily residing in an emergency shelter for
the homeless; P.A. 89-293 amended Subsec. (a) to authorize a work program to include substance abuse counseling; May
Sp. Sess. P.A. 92-16 amended Subsec. (a) by deleting provision re retention of ten dollars per week by person participating
in program and provision permitting a person deemed ineligible for assistance due to refusal to participate in program to
be reinstated during the period of ineligibility, increasing period of ineligibility for refusal to participate in program to
ninety days, adding Subdivs. (1), (2) and (3) establishing grounds for the imposition of a ninety-day period of ineligibility,
and deleting requirement that the commissioner adopt regulations to administer the ineligibility provisions of this section,
amended Subsec. (c) by redefining "employable person" and defining "unemployable person", amended Subsec. (e) by
deleting provision granting a town fifty dollars per month for administrative costs for each employable recipient who
participates in the program, amended Subsec. (f) by adding a provision permitting the commissioner to exempt a town
from the requirements of the Subsec. and added Subsec. (h) requiring towns to develop an employability plan for each
employable recipient; 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. 17-281a transferred to Sec. 17b-689 in 1995;
P.A. 96-268 amended Subsec. (c) to add definitions of "employable person who is job-ready" and "employable but not
job-ready", effective July 1, 1996; June 18 Sp. Sess. P.A. 97-2 deleted former Subsecs. (a) and (b) re towns required to
offer work programs for employable persons, deleted definitions of an "employable person who is job-ready" and a person
who is "employable but not job-ready", added definition of "a transitional individual," deleted former Subsecs. (d) to (h)
re work plans established for employable persons and made technical and conforming changes, effective July 1, 1997;
June 30 Sp. Sess. P.A. 03-3 designated existing provisions as Subsec. (a) and amended same by replacing references to
Secs. 17b-63 and 17b-134 with references to Secs. 17b-119, 17b-131, 17b-190, 17b-191 and 17b-257, and by redefining
"employable person", "unemployable person", and "transitional individual", and added new Subsec. (b) requiring commissioner, when making determinations concerning disabilities or impairments which are expected to last six months or longer,
to make determination based on recommendations of a medical review team, effective August 20, 2003; Sec. 17b-689
transferred to Sec. 17b-194 in 2005.
See Sec. 17b-195 re circumstances where assistance to employable persons is prohibited.
Annotations to former section 17b-689:
Cited. 232 C. 599, 604, 612. Cited. 233 C. 557, 564.
Subsec. (a):
Cited. 232 C. 599, 604, 605, 608.
Subsec. (c):
Cited. 233 C. 557, 563, 564.
Sec. 17b-195. (Formerly Sec. 17b-118). Residential substance abuse treatment. Payment of costs. Notwithstanding any provision of the general statutes, when
a person who is ineligible for financial assistance due to his employability status is
currently in or enters a residential substance abuse treatment facility, the town shall pay
his room and board while at such facility as an expense reimbursable under the general
assistance program by the Department of Social Services or the Department of Mental
Health and Addiction Services, provided the person is eligible to receive medical assistance. The town shall be responsible for these costs until the date upon which the administration of the general assistance program is assumed by the state or is officially delegated
to a town by the Commissioner of Social Services, at which time the Department of
Social Services or the Department of Mental Health and Addiction Services shall assume
these costs. Such assistance shall be paid directly to the treatment facility at a rate established by the Department of Social Services or negotiated by the Department of Mental
Health and Addiction Services.
(1963, P.A. 543; P.A. 80-395, S. 2, 7; P.A. 82-214, S. 1, 6; May Sp. Sess. P.A. 92-16, S. 6, 89; P.A. 93-262, S. 1, 87;
93-418, S. 9, 41; P.A. 95-194, S. 9, 33; P.A. 96-268, S. 22, 34; June 18 Sp. Sess. P.A. 97-2, S. 55, 165; P.A. 02-89, S. 29;
June 30 Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 13.)
History: P.A. 80-395 denied assistance or care to persons who have refused to participate in work, training or education
program; P.A. 82-214 added the provision denying assistance to an employable person who wilfully fails to report for
work in a program pursuant to Sec. 17-281a; May Sp. Sess. P.A. 92-16 added provisions re nine-month durational limit
on assistance, possible three-month extension of assistance, date a person determined unemployable who is subsequently
determined employable is eligible for assistance provided to an employable person and the adoption of regulations; P.A.
93-262 authorized substitution of commissioner and department of social services for commissioner and department of
income maintenance, effective July 1, 1993; P.A. 93-418 made a technical change, effective July 1, 1993; Sec. 17-273b
transferred to Sec. 17b-118 in 1995; P.A. 95-194 amended Subsec. (a) by establishing a twenty-four-month period of
eligibility for financial assistance and an opportunity to petition the commissioner every twelve months after such period
for a six month extension for good cause, added Subsec. (b) providing for a person previously determined to be employable
the opportunity to petition the commissioner for a review of employability prior to or upon discontinuance of assistance
and made technical changes, effective July 1, 1995; P.A. 96-268 excluded job-ready employable persons from general
assistance financial benefits and referred such persons to the grant program administered by the Labor Department pursuant
to Sec. 17b-689a and added Subsec. (c) re reimbursement for room and board at a substance abuse treatment facility,
effective July 1, 1996; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by eliminating assistance or care to employable
persons by the state or a town, limiting financial assistance under the general assistance program and the state-administered
general assistance program to persons determined to be transitional individuals, as defined in Sec. 17b-689, eliminating
obsolete provision concerning the request for extensions of support by employable persons, including transitional individuals who are not classified as such solely due to mental illness or substance abuse in the classification of those not subject
to durational limits on assistance, amended Subsec. (b) by establishing a procedure for a transitional individual to petition
the commissioner to review the determination of his status, added Subsec. (d) requiring this section to take effect no later
than August 31, 1997, and made technical and conforming changes, effective July 1, 1997 (Revisor's note: The references
in Subsec. (a) to "17b-115 to 17b-133, inclusive," were changed editorially by the Revisors to "17b-116 to 17b-133,
inclusive," to reflect the repeal of certain sections by section 164 of June Sp. Sess. P.A. 97-2); P.A. 02-89 amended Subsec.
(a) to replace reference to Sec. 17b-133 with reference to Sec. 17b-132, reflecting the repeal of Sec. 17b-133 by the same
public act; June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to 17b-65, inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287, authorized deletion of
internal references to said sections in this section, effective March 1, 2004; P.A. 04-76 deleted former Subsecs. (a) and (b)
re financial assistance to persons determined to be transitional individuals, deleted Subsec. (c) designator and provision
in existing Subsec. (c) which referred to time limits in Subsec. (a) and deleted former Subsec. (d) re effective date of the
section; Sec. 17b-118 transferred to Sec. 17b-195 in 2005.
See Sec. 17b-190 re cash assistance for transitional individuals.
See Sec. 17b-688b et seq. re supported work, education and training programs.
Annotations to former section 17b-118:
Cited. 232 C. 599, 601, 605, 607, 608, 610-614, 617-620, 622. Does not violate Article I, Sec. 10 of the Connecticut
Constitution. 233 C. 557, 559, 562-566, 568, 671, 574, 580, 581, 611-614, 616. Cited. Id., 701, 712-714, 718.
Sec. 17b-196. (Formerly Sec. 17b-118a). Eligibility of persons aged eighteen
to twenty-one for state-administered general assistance. A person (1) at least eighteen
years of age and under twenty-one years of age, (2) living with his family which 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 under the temporary family assistance program.
(P.A. 95-194, S. 16, 33; June 18 Sp. Sess. P.A. 97-2, S. 56, 165; P.A. 04-76, S. 14.)
History: P.A. 95-194, S. 16 effective July 1, 1995; June 18 Sp. Sess. P.A. 97-2 replaced references to aid to families
with dependent children with temporary family assistance, effective July 1, 1997; P.A. 04-76 replaced reference to "general
assistance" with reference to "state-administered general assistance"; Sec. 17b-118a transferred to Sec. 17b-196 in 2005.
Sec. 17b-197. (Formerly Sec. 17b-119). Recipients of state-administered general assistance denied federal Supplemental Security Income. Evaluation of case
for appeal. (a) If a recipient of state-administered general assistance has been denied
aid under the federal Supplemental Security Income Program, or has been notified by
the Social Security Administration that his benefits under such program will be terminated, the Commissioner of Social Services shall advise the recipient as to his right of
appeal and the availability of local legal counsel. The attorney chosen by the recipient
shall be reimbursed by the state for his reasonable fees, on a contingency basis, limited
to the amount approved by the Department of Social Services, and limited to the amount
approved by the Social Security Administration when such approval is required by
federal regulations for such appeals. Such attorney's fees shall not be recoverable from
such recipient or his estate. The full amount of any interim assistance reimbursement
received by the state shall be applied to reduce any obligation owed to the town by such
recipient.
(b) Those persons receiving aid under both the federal Social Security Administration Disability Program and the state supplement to the federal Supplemental Security
Income Program, who have been notified that their benefits under the federal program
will be terminated by the Social Security Administration, shall be eligible for the payment of attorney's fees, on a contingency basis, incurred in appealing such termination.
The attorney chosen by the recipient shall be reimbursed by the state for his reasonable
fees, on a contingency basis, limited to the amount approved by the Department of Social
Services and limited to the amount approved by the Social Security Administration
when such approval is required by federal regulations for such appeals. Such attorney's
fees shall not be recoverable from such recipient or his estate.
(P.A. 81-449, S. 7, 11; P.A. 82-236, S. 1, 3; P.A. 86-415, S. 3, 10; P.A. 90-80, S. 1; P.A. 93-262, S. 1, 87; June 30 Sp.
Sess. P.A. 03-3, S. 49; P.A. 04-16, S. 3.)
History: P.A. 82-236 applied provisions to recipients of general assistance as well as applicants and to persons whose
Supplemental Security Income benefits are terminated as well as persons denied such benefits, replaced requirement that
the attorney be reimbursed from any retroactive award with reimbursement by the state for reasonable fees for cases
accepted after July 1, 1981, limited to the amount approved by the Social Security Administration when such approval is
required by federal regulations, prohibiting recovery of attorney's fees from the applicant or recipient or his estate, and
further mandated that any interim assistance reimbursement be applied to reduce any obligation owed to the town; P.A.
86-415 applied Subsec. (a) provisions to persons notified that their benefits would be terminated by the Social Security
Administration and limited the amount the state will reimburse for attorney's fees to one approved by the department of
income maintenance and added Subsec. (b) providing for the payment of attorney's fees when a recipient appeals a termination of benefits decision, limited to the amount approved by the department and the Social Security Administration; P.A.
90-80 amended Subsec. (a) to add Subdiv. (2) limiting the applicability of its provisions to recipients of general assistance;
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. 17-273c transferred to Sec. 17b-119 in 1995; June 30 Sp. Sess. P.A.
03-3 amended Subsec. (a) by deleting former Subdiv. (1) re denial or termination on or before September 30, 1990,
deleting "(2) On or after October 1, 1990", replacing "general assistance" with "state-administered general assistance",
and transferring responsibility for advising clients of right to appeal and availability of local counsel from towns to Commissioner of Social Services, effective August 20, 2003; P.A. 04-12 made technical changes in Subsec. (a); Sec. 17b-119
transferred to Sec. 17b-197 in 2005.
Annotation to former section 17-273c:
Cited. 38 CA 522, 528.
Annotations to former section 17b-119:
Cited. 233 C. 557, 561.
Cited. 38 CA 522, 530.
Subsec. (a):
Subdiv. (1) cited. 38 CA 522, 528.
Sec. 17b-198. (Formerly Sec. 17b-78). Adoption of regulations concerning the
state-administered general assistance program. The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to implement policies and procedures necessary to carry out the purposes of sections 17b-131,
17b-191 to 17b-194, inclusive, and 17b-197. The Commissioner of Social Services shall
implement such policies and procedures while in the process of adopting such policies
and procedures as regulations, or amending existing regulations provided notice of intent
to adopt or amend the regulations is published in the Connecticut Law Journal within
twenty days of implementation, and such policies and procedures shall be valid until
the time final regulations are effective. The commissioner shall also amend any regulations in existence on August 20, 2003, to conform to the provisions of this section and
sections 17b-131, 17b-191 to 17b-194, inclusive, and 17b-197.
(1961, P.A. 345, S. 2; February, 1965, P.A. 540, S. 1; 1969, P.A. 730, S. 32; June, 1971, S.A. 1, S. 17; P.A. 73-218, S.
1, 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 83-535, S. 2, 3; 83-575, S. 4, 10; P.A. 84-464, S. 2; 84-546, S.
51, 173; P.A. 85-564, S. 2, 12; P.A. 88-156, S. 8; 88-317, S. 68, 107; P.A. 91-401, S. 16, 20; May Sp. Sess. P.A. 92-16,
S. 2, 89; P.A. 93-262, S. 1, 87; 93-418, S. 2, 41; P.A. 95-194, S. 8, 33; 95-351, S. 3, 30; P.A. 96-268, S. 21, 34; June 18
Sp. Sess. P.A. 97-2, S. 28, 165; June Sp. Sess. P.A. 01-2, S. 30, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; June 30 Sp.
Sess. P.A. 03-3, S. 45.)
History: 1965 act added words "mandatory minimum" to describe standards and allowed withholding of reimbursement
if uniform standards not complied with within grace period; 1969 act added provisions re incentive earnings program;
1971 act deleted word "minimum" to describe standards, deleted "recommended" modifying procedures and deleted
provisions re incentive earnings program; P.A. 73-218 deleted word "uniform" to describe standards; P.A. 75-420 replaced
welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with
commissioner of income maintenance, effective January 1, 1979; P.A. 83-535 added the requirement that the standards
be established by regulation; P.A. 83-575 required that the commissioner adopt regulations and that standards be established
for the granting of medical assistance as well as general assistance, and added provisions for uniform application and
billing forms and time limits for determining eligibility and payment for medical bills; P.A. 84-464 added language allowing
an appeal to superior court; P.A. 84-546 made technical grammatical change; P.A. 85-564 made the existing section Subsec.
(a), removed language in Subsec. (a) on withholding reimbursement, and added Subsecs. (b), (c) and (d) re audits and
adoption of regulations re recovery of reimbursements and withholding of reimbursements; P.A. 88-156 added language
re minimum level of assistance provided at the expense of a town subject to Subsec. (b) of Sec. 17-2, Secs. 17-12f and 17-82n and added words "financial aid" to describe type of aid granted in Subsec. (a); P.A. 88-317 amended references to
Ch. 54 and Sec. 4-177 in Subsec. (d) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all
agency proceedings commencing on or after that date; P.A. 91-401 amended Subsec. (b) by adding "Notwithstanding the
provisions of sections 4-230 to 4-236, inclusive,"; May Sp. Sess. P.A. 92-16 amended Subsec. (a) by setting standard of
financial assistance for single employable person at three hundred fourteen dollars per month and standard for single
unemployable person at three hundred fifty-six dollars per month; P.A. 93-262 authorized substitution of commissioner
and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A.
93-418 reduced the general assistance flat grant from three hundred fourteen dollars to three hundred dollars for a single
employable person, effective July 1, 1993; Sec. 17-3a transferred to Sec. 17b-78 in 1995; P.A. 95-194 amended Subsec.
(a) by reducing the financial assistance to be provided by a town to a maximum of three hundred dollars per month for a
single employable person and a maximum of three hundred fifty dollars per month for a single unemployable person and
added Subdivs. (1) to (4), inclusive, requiring regulations to include provisions for an earned monthly gross income
disregard, a central distribution location for financial assistance, an identification card for recipients and a prohibition
against a town charging a fee for distributing financial assistance and added Subsec. (b) requiring the department to adopt
regulations to establish reduced levels of financial assistance based on rental obligations, effective July 1, 1995; P.A. 95-351 amended Subdiv. (1) of Subsec. (a) by requiring the earned monthly gross income disregard be "up to" one hundred
fifty dollars, effective July 1, 1995; P.A. 96-268 amended Subsec. (a) to exclude job-ready employable persons from
general assistance financial benefits, effective July 1, 1996; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by deleting
an obsolete reference to the financial assistance available to an employable person who is not job-ready, adding a provision
effective no later than August 31, 1997, requiring the state or town to make available two hundred dollars per month for
a transitional individual required to pay for shelter and one hundred fifty dollars per month for such individual not required
to pay for shelter, deleted Subsec. (b) requiring the commissioner to adopt regulations establishing reduce levels of financial
assistance to a single employable person with no rental obligation or a shared rental obligation and relettered the remaining
Subsecs. accordingly, effective July 1, 1997; June Sp. Sess. P.A. 01-2 amended Subsec. (b) to limit scope of regulations
to general assistance programs in towns "where the commissioner has determined an audit shall be conducted", and made
a technical change, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but
without affecting this section; June 30 Sp. Sess. P.A. 03-3 replaced former Subsecs. (a) to (d) with provisions requiring
commissioner to adopt or amend regulations to implement policies and procedures necessary to carry out operation of the
state-administered general assistance program, effective August 20, 2003; Sec. 17b-78 transferred to Sec. 17b-198 in 2005.
Annotations to former section 17-3a:
Cited. 229 C. 664, 672. Cited. 233 C. 370, 376. Cited. Id., 557, 561, 611.
Subsec. (a):
Cited. 206 C. 1, 4. Cited. 229 C. 664, 672.
Cited. 42 CS 323, 324, 328, 330, 332-336. P.A. 92-16, S. 2 (May Sp. Sess.) cited. Id.
Annotations to former section 17b-78:
Cited. 233 C. 370, 376. Cited. Id., 557, 561, 611.
Subsec. (a):
Cited. 233 C. 557, 562.