§ 17b-93 — (Formerly Sec. 17-83e). Claim of state for repayment of aid required to be covered under federal law. Lien restrictions. Exception to lien restrictions for child support obligations.

Connecticut § 17b-93

• Jurisdiction: Connecticut
• Title 17b: Social Services
• Ch. 319s: Financial Assistance

Text

(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, except the following shall be exempt from such lien: (1) Household goods and other personal property identified in section 52-352b , (2) real property pursuant to section 17b-79 that is used as a home for the beneficiary, and (3) money received for the replacement of real or personal property.

Legislative History

(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; P.A. 21-3, S. 4; June Sp. Sess. P.A. 21-2, S. 456; P.A. 22-118, S. 450; P.A. 24-35, S. 9.) History: P.A. 76-334 made section applicable to those who have property as well as those who afterwards acquire property and added provisions re liens for amounts owing for court-ordered support; P.A. 80-483 replaced reference to repealed Sec. 52-352 with reference to Secs. 52-352a to 52-352e; P.A. 81-18 deleted a provision that reimbursement for claims made after October 1, 1959, be restricted to medical disbursements actually made for the care of a beneficiary; P.A. 83-581 replaced “other personal property identified in sections 52-352a to 52-352c, inclusive” with “other personal property identified in section 52-352b”; P.A. 85-564 added “subject to the provisions of section 17-83f” in two places; P.A. 86-315 made a technical change in Subsec. (a) and added a new Subsec. (b) which exempted any person under 18 years of age, who received cash benefits under the AFDC program, from repaying the state for the assistance; P.A. 86-359 added reference to support orders issued by family support magistrates; P.A. 87-339 specified instances in which no claims shall be made or liens applied; Sec. 17-83e transferred to Sec. 17b-93 in 1995; P.A. 97-312 amended Subsec. (a) by exempting “moneys received for the replacement of real or personal property” from claim by the state for repayment of aid; June 18 Sp. Sess. P.A. 97-2 made technical and conforming changes, effective July 1, 1997; P.A. 99-279 added a new Subsec. (d) providing that whenever funds are collected by the state through claims or liens and the person otherwise entitled to such funds is subject to a court-ordered child support payment obligation, such funds shall first be paid to the state for reimbursement of Medicaid funds and then be paid to the Bureau of Child Support Enforcement for distribution and the remainder, if any, shall be paid to the state for payment of previously provided public assistance; P.A. 01-207 added Subsec. (e) requiring commissioner to adopt regulations to establish criteria and procedures for adjustment of the state's claim under Subsec. (a) re noncustodial parents, effective July 1, 2001; P.A. 05-280 amended Subsec. (c) to add “any moneys received as a settlement or award in a housing or employment discrimination case”; June Sp. Sess. P.A. 05-3 changed effective date of P.A. 05-280, from October 1, 2005, to July 1, 2005, effective July 1, 2005; P.A. 07-44 amended Subsec. (c) to add “or paid to any person who has been supported wholly, or in part, by the state, in accordance with section 17b-223, in a humane institution”, effective July 1, 2007; P.A. 08-45 amended Subsec. (c) by exempting moneys received as settlement or award in public accommodation discrimination case from claim by the state for repayment of aid; P.A. 10-32 made technical changes in Subsecs. (a) and (c), effective May 10, 2010; P.A. 11-44 amended Subsec. (a) by adding reference to definition in Sec. 17b-75, adding provision giving state a lien against property of the parents of a beneficiary under temporary family assistance or state-administered general assistance programs, and making technical changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by substituting “his or her spouse” for “the beneficiary's spouse” and by substituting “his or her dependent child” for “the beneficiary's dependent child”, effective June 15, 2012, and applicable to any claim of the state arising on or after July 1, 2011; P.A. 16-13 amended Subsec. (d) by replacing “Bureau of Child Support Enforcement” with “Office of Child Support Services”, effective May 6, 2016; P.A. 21-3 amended Subsec. (a) by adding provision limiting recovery by lien to amount required under federal law and making technical changes, amended Subsec. (c) by prohibiting recovery, except as required under federal law, in certain actions brought by current or former tenants or occupants against owners or lessors, and added Subsec. (f) re limitations on state recovery by lien, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by replacing “full amount paid” with “amount paid”, deleting provision re prohibition on application of real property lien to enforce state claim which exceeds amount required to be recovered under federal law and adding “that the state is required to recover under federal law”, and amending Subsec. (f) by adding references to a claim against property, property interest or estate or claim of any kind and to the provisions of this section and making a conforming change, effective July 1, 2021; P.A. 22-118 deleted Subsecs. (a) to (e) re liability of beneficiaries of assistance programs and their parents for repayment to state, redesignated existing Subsec. (f) as new Subsec. (a) and therein changed “2021” to “2022”, inserted “properly paid” before “cash assistance” and changed “from a lien” to “including by means of a lien”, and added new Subsec. (b) re child support collections, effective July 1, 2022; P.A. 24-35 inserted Subdiv. designators and made other technical changes in Subsec. (b), effective May 21, 2024. 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 C. 112. State precluded from seeking restitution pursuant to a lien created under section. 179 C. 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 C. 323. Cited. 20 CA 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 CS 603; Id., 628; 40 CS 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 CA 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. Former subsec. (a): State has the right to seek TANF benefits paid on behalf of children from their parents. 47 CS 42.