CT SB00973

Prohibits the Commissioner of Social Services from imposing penalty periods for asset transfers that would create undue hardship, defined as deprivation of medical care, food, clothing, shelter, or necessities of life, provided the applicant is otherwise eligible for Medicaid and a long-term care provider has refused service or threatened discharge due to the penalty (effective July 1, 2011)

Requires the commissioner to impose penalty periods if the applicant deliberately transferred assets to obtain Medicaid eligibility or if a legal representative or joint asset owner made the transfer, unless the applicant suffered from dementia, cognitive impairment, or unauthorized asset transfers (effective July 1, 2011)

Establishes a preliminary notice and 15-day contest period for applicants to challenge penalty period impositions by claiming undue hardship or providing rebuttal evidence, with an interim decision within 10 days and final decision notice upon eligibility determination (effective July 1, 2011)

Allows applicants to file undue hardship claims within 60 days of receiving notice that a long-term care provider intends to discharge or refuse services due to a penalty period, with final commissioner decision within 10 days

Authorizes nursing homes to request time extensions and file undue hardship claims on behalf of incapacitated applicants with physician certification and permission, and requires independent disability determinations for special needs trust beneficiaries without Social Security Administration disability determinations