Conn. Gen. Stat. § 17b-94
Conn. Gen. Stat. § 17b-94
(1969, P.A. 730, S. 29; 1971, P.A. 114; P.A. 77-263; 77-614, S. 70, 587, 610; P.A. 82-321; P.A. 84-455, S. 1; P.A. 85-564, S. 10, 12; P.A. 86-315, S. 2, 5; P.A. 87-339, S. 2; P.A. 96-62 ; June 18 Sp. Sess. P.A. 97-2 , S. 41, 165; P.A. 04-234 , S. 15 ; P.A. 11-44 , S. 71 .)
Annotations to former section 17-83f: Cited. 168 Conn. 112 ; 181 Conn. 130 ; 219 C. 384 . Section creates a nonconsensual statutory lien on the proceeds of causes of action of welfare beneficiaries upon their receipt of notice of the lien. 31 CS 552 . This is a supplementary regulation promulgated within the legitimate sphere of state administration which does not conflict with the Social Security Act and thus does not violate the supremacy clause. 32 Conn.Supp. 514 , 519. Cited. 34 CS 586 . Beneficiary has obligation to reimburse, and statutory lien on proceeds of beneficiary's personal injury action does not offend due process as deprivation of property. 35 Conn.Supp. 622 . Cited. 42 Conn.Supp. 548 . Annotations to present section: Subsec. (b) applies only to inheritances by living public assistance beneficiaries. 239 Conn. 471 . Cited. Id., 791; 247 Conn. 686 . 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-93 and 17b-265 , satisfy Medicaid reimbursement requirements imposed by federal law. 287 Conn. 82 . Fifty per cent limitation in Subsec. (a) does not apply to actions brought against the state because the purpose of the limitation is to provide a financial incentive to beneficiaries to seek recovery so that the state in turn may benefit from that recovery. 308 C. 215 . Cited. 39 Conn.App. 709 ; 40 Conn.App. 829 . Section applies to amount of assistance paid out on the case and does not reflect state's interest in pursuing the balances on court-ordered arrearages. 47 Conn.Supp. 583 .