Connecticut Seal

General Assembly

File No. 87

    February Session, 2018

Substitute Senate Bill No. 157

Senate, March 28, 2018

The Committee on Aging reported through SEN. MCCRORY of the 2nd Dist. and SEN. KELLY of the 21st Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT REDUCING PARTICIPANT COSTS AND EXPANDING ELIGIBILITY FOR THE CONNECTICUT HOME-CARE PROGRAM FOR THE ELDERLY.

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

Section 1. Subsection (i) of section 17b-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(i) (1) On and after July 1, [2015] 2018, the Commissioner of Social Services shall, within available appropriations, administer a state-funded portion of the program for persons (A) who are sixty-five years of age and older; (B) who are inappropriately institutionalized or at risk of inappropriate institutionalization; (C) whose income is less than or equal to the amount allowed under subdivision (3) of subsection (a) of this section; and (D) whose assets, if single, do not exceed [one hundred fifty per cent of the federal minimum community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) or, if married, the couple's assets do not exceed two hundred per cent of said community spouse protected amount] forty thousand dollars or, if married, sixty-five thousand dollars. For program applications received by the Department of Social Services for the fiscal years ending June 30, 2016, and June 30, 2017, only persons who require the level of care provided in a nursing home shall be eligible for the state-funded portion of the program, except for persons residing in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e who are otherwise eligible in accordance with this section.

(2) Except for persons residing in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e, as provided in subdivision (3) of this subsection, any person whose income is at or below two hundred per cent of the federal poverty level and who is ineligible for Medicaid shall contribute [nine] seven per cent of the cost of his or her care. Any person whose income exceeds two hundred per cent of the federal poverty level shall contribute [nine] seven per cent of the cost of his or her care in addition to the amount of applied income determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance. Any person who does not contribute to the cost of care in accordance with this subdivision shall be ineligible to receive services under this subsection. Notwithstanding any provision of sections 17b-60 and 17b-61, the department shall not be required to provide an administrative hearing to a person found ineligible for services under this [subsection] subdivision because of a failure to contribute to the cost of care.

(3) Any person who resides in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e and whose income is at or below two hundred per cent of the federal poverty level, shall not be required to contribute to the cost of care. Any person who resides in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e and whose income exceeds two hundred per cent of the federal poverty level, shall contribute to the applied income amount determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance. Any person whose income exceeds two hundred per cent of the federal poverty level and who does not contribute to the cost of care in accordance with this subdivision shall be ineligible to receive services under this subsection. Notwithstanding any provision of sections 17b-60 and 17b-61, the department shall not be required to provide an administrative hearing to a person found ineligible for services under this [subsection] subdivision because of a failure to contribute to the cost of care.

(4) The annualized cost of services provided to an individual under the state-funded portion of the program shall not exceed fifty per cent of the weighted average cost of care in nursing homes in the state, except an individual who received services costing in excess of such amount under the Department of Social Services in the fiscal year ending June 30, 1992, may continue to receive such services, provided the annualized cost of such services does not exceed eighty per cent of the weighted average cost of such nursing home care. The commissioner may allow the cost of services provided to an individual to exceed the maximum cost established pursuant to this subdivision in a case of extreme hardship, as determined by the commissioner, provided in no case shall such cost exceed that of the weighted cost of such nursing home care.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

17b-342(i)

Statement of Legislative Commissioners:

In Section 1, the effective date was changed to July 1, 2018, for consistency with other provisions of the section.

AGE

Joint Favorable Subst. -LCO

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Social Services, Dept.

GF - Cost

3 million

3.6 million

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill results in a state cost of approximately $3 million in FY 19 and $3.6 million in FY 20 associated with increasing eligibility and reducing cost sharing for the Connecticut Home Care Program for Elders (CHCPE). Increasing the asset limit (from $37,080 to $40,000 for individuals and from $49,440 to $65,000 for couples) is anticipated to result in a cost of approximately $2.1 million in FY 19 and $2.7 million in FY 20. Decreasing participant cost sharing for the program, from 9% to 7%, results in increased state costs of approximately $850,000 in FY 19 and FY 20.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to program enrollment and service utilization.

Sources:

Department of Social Services Caseload Information

OLR Bill Analysis

SB 157

AN ACT REDUCING PARTICIPANT COSTS AND EXPANDING ELIGIBILITY FOR THE CONNECTICUT HOME-CARE PROGRAM FOR THE ELDERLY.

SUMMARY

Starting July 1, 2018, this bill expands eligibility for the state-funded portion of the Connecticut Home Care Program for Elders (CHCPE) by increasing asset limits to $40,000 if single and $65,000 if married. Current law limits an eligible individual's assets to 150% of the minimum community spouse protected amount (CSPA) if single or 200% if married (currently $37,080 and $49,440, respectively). The bill also eliminates annual adjustments to these asset limits by removing the link to the CSPA, which is updated annually.

Additionally, the bill reduces the required co-payment from nine percent to seven percent of the cost of care for participants in the state-funded portion of CHCPE who do not live in affordable housing under certain subsidized housing programs. By law, participants with incomes greater than 200% of the federal poverty level (FPL) must also contribute an applied income amount determined by the Department of Social Services. Applied income is calculated by subtracting certain allowances (e.g., for personal needs and spousal support) from resident's gross income. In 2018, 200% of the FPL is $24,280 for an individual and $32,920 for a family of two.

The bill also makes technical changes.

EFFECTIVE DATE: July 1, 2018

BACKGROUND

Connecticut Home Care Program for Elders

CHCPE provides a range of home and community-based services for individuals age 65 and older who are at risk for institutionalization. In comparison to the Medicaid waiver component, the state-funded portion of the program has no income limit and has higher asset limits. The state has authority to limit program enrollment or establish wait lists based on available resources.

COMMITTEE ACTION

Aging Committee

Joint Favorable

Yea

12

Nay

0

(03/15/2018)

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