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CT SB00282

Bill

Status

Engrossed

5/8/2012

Primary Sponsor

Kevin Kelly

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Origin

Senate

2012 General Assembly

AI Summary

  • Defines "institutionalized individual" as someone receiving services from a long-term care facility, equivalent medical institution services, or home and community-based services under Medicaid waiver.

  • Protects institutionalized individuals from Medicaid penalty periods if they return the entire amount of a transferred asset, with partial returns not reducing any penalty period.

  • Requires full return of assets from all transferees in cases of multiple transfers; partial returns from any transferee do not constitute a complete return.

  • Allows the Department of Social Services to regard returned assets as trust-like devices and consider them available from the original transfer date if evidence indicates the transfer and return were intended to delay penalty periods or shift costs to Medicaid.

  • Permits individuals to demonstrate to the department that asset transfer and return were not made to alter penalty periods or obtain Medicaid eligibility, in which case the returned asset is considered available only from the return date.

Legislative Description

An Act Concerning The Return Of A Gift To A Person In Need Of Long-term Care Services.

Last Action

House Calendar Number 544

5/8/2012

Committee Referrals

Select Committee on Aging2/29/2012

Full Bill Text

No bill text available