Estate Recovery and Look Back Periods

HOME CARE SERVICES; INCOME MAINTENANCE PROGRAMS; MEDICAID; TEMPORARY ASSISTANCE TO NEEDY FAMILIES;

WELFARE;

OLR Research Report


October 30, 2003		2003-R-0811
ESTATE RECOVERY AND LOOK BACK PERIODS

By: Helga Niesz, Principal Analyst

You asked for a list of public assistance programs for which Connecticut currently does estate recovery and what, if any, the look back periods are for these programs. “Look-back period” refers to the number of years prior to an application that the Department of Social Services (DSS) “looks back” to determine if the applicant has made inappropriate transfers of money or property to someone else for less than fair market value. If they have, they can be denied eligibility for a period of time. Look backs are relevant when someone first applies for aid. They are a separate issue from estate recovery which happens after the aid recipient and the recipient’s spouse dies.

Table 1 below lists the programs we have identified where the state can claim repayment of benefits from the recipient’s estate after he dies and appropriate citations. Table 2 lists the look back periods for these programs and their citations.

Table 1: Estate Recovery in State Programs

*Programs with Estate Recovery*	*Cite*
Medicaid in Nursing Homes (after spouse living in community dies)	CGS § 17b-95
Connecticut Homecare Program for Elders (Medicaid and state-funded portion after spouse dies)	CGS § 17b-342
Personal Care Assistant Medicaid Waiver for Disabled People Age 18-64	CGS § 17b-95
Medicaid in the Community (recovery for benefits received only after age 55 and after spouse dies)	CGS § 17b-95
State-Administered General Assistance Program (SAGA)	CGS § 17b-95
Town General Assistance (GA) (for people who received benefits under prior town GA programs, towns still do estate recovery and send the state its appropriate share)	CGS § 17b-122, 125, 126,128
State Supplement Program	CGS § 17b-95
Connecticut Pharmaceutical Assistance Contract to the Elderly and Disabled (ConnPACE)	CGS § 17b-95, as amended by PA 03-3, June 30 Special Session, § 59
Aid to Families with Dependent Children (AFDC) (superseded by TFA below) but do not recover from people who were under 18 when they received the benefits. Do recover from their parents, but only to the extent that the money is not needed to support a surviving spouse or minor child.	CGS § 17b-95
Temporary Family Assistance Program (TFA), which succeeded AFDC (same as above for AFDC)	CGS § 17b-95

Table 2: Look Back Periods for Programs with Estate Recovery

*Programs*	*Look Back Periods*	*Cite*
Medicaid in Nursing Homes	3 yrs, 5 for trusts (5 for real estate if federal waiver request is approved)	CGS § 17b-261, 42 USC 1396p (c) and (d)
Connecticut Homecare Program for Elders	Same	Same
Personal Care Assistant Medicaid Waiver for Disabled People Age 18-64	Same	Same
Medicaid in the Community	None
SAGA	None
Town GA	24 months	Conn. Agencies Regs. § 17-3a-21
State Supplement Program	24 months	DSS Uniform Policy Manual § 3025. 07)
ConnPACE	None
AFDC	None
TFA	None

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ConnPACE