Conn. Gen. Stat. § 17b-93

Current with legislation from the 2023 Regular and Special Sessions.

Section 17b-93 - (Formerly Sec. 17-83e). Claim of state for repayment of aid. Exceptions. Regulations

(a) On and after July 1, 2022, the state shall not recover properly paid cash assistance or medical assistance, including by means of a lien filed on any real property, or a claim filed against property, a property interest or estate or claim of any kind, unless the state is required to recover such assistance under federal law or the provisions of this section. Any lien on real property or state claim against property, a property interest or estate or claim of any kind filed under this section by or on behalf of the state prior to July 1, 2022, shall be deemed released by the state if the recovery of such assistance is not required under federal law or the provisions of this section. As used in this subsection, "cash assistance" means payments made to a beneficiary of the aid to families with dependent children program, the state-administered general assistance program, the state supplement program or the temporary family assistance program.

(b) Nothing in this section shall be interpreted to preclude the state, in an IV-D support case, from retaining child support collected from a parent subject to a support order of the Superior Court or family support magistrate based on an assignment of support rights provided in accordance with section 17b-77, unless retaining such support would conflict with federal law. 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 parent of an aid to dependent children or temporary family assistance beneficiary, in addition and not in substitution of any other state 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, 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.

(1969, P.A. 730, S. 28; P.A. 76-334, S. 5, 12; P.A. 80-483, S. 73, 186; P.A. 81-18; P.A. 83-581, S. 30, 40; P.A. 85-564, S. 11, 12; P.A. 86-315, S. 1, 5; 86-359, S. 27, 44; P.A. 87-339, S. 1; P.A. 97-312 , S. 2 ; June 18 Sp. Sess. P.A. 97-2 , S. 40, 165; P.A. 99-279 , S. 5 ; P.A. 01-207 , S. 2 , 12 ; P.A. 05-280 , S. 44 ; June Sp. Sess. P.A. 05-3 , S. 80 ; P.A. 07-44 , S. 1 ; P.A. 08-45 , S. 1 ; P.A. 10-32 , S. 61 , 62 ; P.A. 11-44 , S. 70 ; June 12 Sp. Sess. P.A. 12-1 , S. 20 ; P.A. 16-13 , S. 3 .)

Amended by P.A. 22-0118, S. 450 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.

Amended by P.A. 21-0002, S. 456 of the Connecticut Acts of the 2021 Special Session, eff. 7/1/2021.

Amended by P.A. 21-0003, S. 4 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 16-0013, S. 3 of the Connecticut Acts of the 2016 Regular Session, eff. 5/6/2016.

Amended by P.A. 12-0001, S. 20 of the Connecticut Acts of the 2012 Special Session, eff. 6/15/2012.

Amended by P.A. 11-0044, S. 70 of the the 2011 Regular Session, eff. 7/1/2011.

Amended by P.A. 10-0032, S. 62 of the February 2010 Regular Session, eff. 5/10/2010.

Amended by P.A. 10-0032, S. 61 of the February 2010 Regular Session, eff. 5/10/2010.

Annotations to former section 17-83e: Proceeds from sale of family home by former recipient of aid to dependent children benefits are subject to claim of commissioner beyond amount secured by lien and paid pursuant to Sec. 17-82c. 168 Conn. 112 . State precluded fromseeking restitution pursuant to a lien created under section. 179 Conn. 463 . Restriction on claim of state to "medical disbursements actually made for care of any such beneficiary" is construed to mean that recoupment cannot exceed the charges made by hospital for comparable services to the general public. 181 C. 130 . Cited. 192 C. 520 ; 211 Conn. 323 . Cited. 20 Conn.App. 470 . Cited. 34 CS 578 . Commissioner is not authorized to require assignments of interests other than the proceeds of causes of action as condition of continuing eligibility for benefits. Id., 586. Cited. Id., 628; 35 Conn.Supp. 603 ; Id., 628; 40 Conn.Supp. 394 ; 42 CS 548 . Annotations to present section: Cited. 239 C. 471 ; Id., 791. Federal Medicaid statutes reasonably cannot be categorized as plain and unambiguous; determination of whether statutes require state to pursue third party tortfeasor directly for reimbursement, or, alternatively, require state to compensate recipient pro rata for attorney's fees and costs, will encompass text of relevant Medicaid statutes as well as their broader context and purpose; state has met federal obligation to seek reimbursement of Medicaid funds when third parties are found to be liable for a recipient's medical expenses by providing for assignment and subrogation rights and by allowing state to assert lien against funds recovered by Medicaid recipients from third parties; federal statutes governing Medicaid program do not require state to pursue third party tortfeasors directly for reimbursement of Medicaid funds, or, if state chooses to collect reimbursement indirectly from Medicaid recipient, to reduce amount of reimbursement pro rata to compensate recipient for attorney's fees and costs incurred in pursuing third party; Connecticut's reimbursement provisions, this section and Secs. 17b-94 and 17b-265 , satisfy Medicaid reimbursement requirements imposed by federal law. 287 C. 82 . Cited. 37 Conn.App. 105 ; 39 CA 709 ; 40 CA 829 . Liens under section would be in addition to any lien for past due support obligations under Sec. 52-362d . 47 CS 583 . Subsec. (a): State has the right to seek TANF benefits paid on behalf of children from their parents. 47 CS 42.