Substitute House Bill No. 5042
Substitute House Bill No. 5042
PUBLIC ACT NO. 97-312
AN ACT CONCERNING LIABILITY FOR ALL CHARGES FOR
SUPPORT OF PERSONS IN A STATE INSTITUTION AND AN
ANNUAL SOCIAL HEALTH INDEX.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) The Secretary of the
Office of Policy and Management shall develop a
standardized form of notice for the Departments of
Social Services, Children and Families, Mental
Retardation and Mental Health and Addiction
Services for the purpose of disclosing to an
applicant or recipient of care or support, or the
legally liable relative, as defined in subsection
(c) of section 4a-12 of the general statutes, of a
person receiving care or support, the possibility
of liability for reimbursement of any amount paid
by the state on behalf of the care or support of
an applicant, recipient or child. Said form shall
include the following: (1) Whether payments
required are full or partial payment of moneys
owed to the department; (2) that the applicant or
recipient of care or support, or the legally
liable relative may be liable for the entire cost
of care or support; and (3) that upon request, at
the end of care or support, itemization of costs
and list of services provided. Said form may be
included in an application for care or support.
(b) The Departments of Social Services,
Children and Families, Mental Retardation and
Mental Health and Addiction Services shall provide
the form of notice established pursuant to
subsection (a) of this section to all applicants
or recipients of care or support or the legally
liable relatives, as defined in subsection (c) of
section 4a-12 of the general statutes, as amended,
of a child receiving care or support, if the
whereabouts of such relatives are known.
Sec. 2. Subsection (a) of section 17b-93 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) If a beneficiary of aid under sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808 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 sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808; and, in addition
thereto, the parents of an aid to dependent
children beneficiary shall be liable to repay,
subject to the provisions of 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,
[and] 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.
Sec. 3. Subsection (b) of section 17b-223 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The maximum rate to be charged for the
support of each patient for the ensuing year shall
be the per capita cost. The commissioner shall,
upon the admission of each patient to a humane
institution, and may, upon any subsequent
readmission of such patient, cause an
investigation to be made of the financial
circumstances of each liable person and the estate
of each patient and, if any such person or estate
is found unable to pay the per capita cost, shall
bill such liable person or estate from the date of
admission at a rate which he finds such person or
estate able to pay, provided the total billing to
all persons responsible for the support of any
patient, including the patient or patient's
estate, shall be based on actual days of
attendance at the facility involved and shall not
exceed the per capita cost. A COMPLETE DISCLOSURE
FOR THE AMOUNT AND TERMS OF SUCH MONTHLY BILLING
AND CONTINUING LIABILITY FOR COSTS ASSOCIATED WITH
SERVICES PROVIDED BY THE STATE SHALL BE PROVIDED
TO SUCH LIABLE PERSON OR PATIENT PRIOR TO
ADMISSION OR IF THE IMMEDIATE NEED OR ADMISSION
PRECLUDES SUCH NOTIFICATION, AT THE EARLIEST
POSSIBILITY THEREAFTER.
Sec. 4. (NEW) (a) The Commission on Children
shall develop, within available appropriations, an
annual social health index report for the state of
Connecticut to monitor the social health of its
citizens and assist the state in analyzing and
publicizing social health issues and in evaluating
the state's progress in addressing these issues.
(b) Said commission may accept for the
development of said index, any and all grants,
contributions or donations of money and may
receive, utilize and dispose of the same.
Approved July 8, 1997