§ 4a-16 — (Formerly Sec. 4-68h). Disposition of estates of cash or medical assistance beneficiaries, state institution patients, inmates and certain children. Family notification.

Connecticut § 4a-16

• Jurisdiction: Connecticut
• Title 4a: Administrative Services
• Ch. 57: Department of Administrative Services

Text

When any person supported or cared for by the state (1) under a program of cash assistance or medical assistance, (2) in an institution maintained by the Department of Developmental Services or Department of Mental Health and Addiction Services, (3) when an inmate of the Department of Correction, or (4) as a child committed to the Commissioner of Social Services or Commissioner of Children and Families dies, leaving only personal estate, including personal assets owing and due the estate after death, not exceeding the aggregate value, as described in section 45a-273, the Commissioner of Administrative Services or the commissioner's authorized representative shall, upon completing a financial accounting of the estate's assets and debt, make a reasonable effort to inform the next of kin of the decedent in writing that the commissioner or the commissioner's designee intends to become the legal representative of the estate for the purpose of securing partial or full reimbursement of the claim of the state for care or assistance rendered to the decedent required to be recovered under federal law or the provisions of section 17b-93 or 18-85c. The commissioner, or the commissioner's designee, not later than thirty days after making a reasonable effort to contact the next of kin of the decedent, shall file with the Probate Court having jurisdiction of such estate a certificate that the total estate is under the aggregate value, as described in section 45a-273, and the claim of the state, together with the expense of last illness not exceeding three hundred seventy-five dollars and funeral and burial expenses in accordance with sections 17b-84 and 17b-131, equals or exceeds the amount of such estate. The Commissioner of Administrative Services shall be issued a certificate by said court that the commissioner is the legal representative of such estate only for the following purpose. The commissioner shall have authority to claim such estate, the commissioner's receipt for the same to be a valid discharge of the liability of any person turning over the same, and to settle the same by payment of the expense of last illness not exceeding three hundred seventy-five dollars, expense of funeral and burial in accordance with sections 17b-84 and 17b-131 and the remainder as partial or full reimbursement of the claim of the state only for amounts due under the provisions of federal law or section 17b-93 or 18-85c. The commissioner shall file with the Probate Court a statement of the settlement of such estate as herein provided. As used in this section, “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.

Legislative History

(1961, P.A. 37, S. 1; 1963, P.A. 438, S. 2; February, 1965, P.A. 625, S. 2; 1967, P.A. 151, S. 2; 653, S. 2; 1969, P.A. 453, S. 3; 730, S. 36; P.A. 74-251, S. 3; P.A. 75-638, S. 20, 23; P.A. 77-614, S. 70, 323, 521, 610; P.A. 78-337, S. 1, 2, 11; P.A. 81-82, S. 3; P.A. 88-364, S. 4, 123; P.A. 90-86; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 5, 11, 12, 21, 58; P.A. 00-68, S. 2; P.A. 01-26, S. 3; P.A. 04-58, S. 5; P.A. 07-73, S. 2(a); P.A. 09-232, S. 15; Sept. Sp. Sess. P.A. 09-7, S. 157; P.A. 21-65, S. 1; June Sp. Sess. P.A. 21-2, S. 454, 496.) History: 1963 act decreased amount allowed for burial expense from $600 to $400; 1965 act increased burial expense allotment to $450; 1967 acts increased amount to $500, applied provisions to children committed to welfare commissioner and raised limit on value of estate to $3,500; 1969 acts extended provisions to include persons in state institutions administered by health or mental health department, increased value limit of estate from $3,000 to $5,000, replaced welfare commissioner with commissioner of finance and control in provisions concerning estate settlement and increased burial allotment to $600; P.A. 74-251 included children committed to children and youth services commissioner under provisions of section; section was transferred from Sec. 17-83b to Sec. 4-68h in 1975; P.A. 75-638 included persons in institutions maintained by department of mental retardation; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services, department of health with department of health services and replaced remaining reference to welfare commissioner with commissioner of human resources, with the latter two changes, effective January 1, 1979; P.A. 78-337 included funeral expenses and made limit for funeral and burial expenses subject to Sec. 17-82q; P.A. 81-82 increased the limit on the value of the total estate from $5,000 to $10,000; P.A. 88-364 substituted references to Sec. 17-82i for references to Sec. 17-82g; Sec. 4-68h transferred to Sec. 4a-16 in 1989; P.A. 90-86 increased the limit on the value of the total estate to $20,000; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner of social services for commissioner of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 00-68 applied provisions to inmates of the Department of Correction and made technical changes for the purpose of gender neutrality; P.A. 01-26 made technical changes; P.A. 04-58 made a technical change; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 09-232 deleted reference to institution maintained by Department of Public Health; Sept. Sp. Sess. P.A. 09-7 replaced references to $20,000 in value with references to the aggregate value, as described in Sec. 45a-273, effective October 5, 2009; P.A. 21-65 added provision re reasonable effort of commissioner or commissioner's designee to inform next of kin re intent to become legal representative of estate for purpose of securing full or partial reimbursement, added references to Sec. 17b-131, and made technical and conforming changes, repealed by June Sp. Sess. P.A. 21-2, S. 496; June Sp. Sess. P.A. 21-2 replaced “public assistance” with “cash assistance or medical assistance”, added Subdiv. designators (1) to (4), added provision re reasonable effort of commissioner or commissioner's designee to inform next of kin re intent to become legal representative of estate for purpose of securing full or partial reimbursement, added references to Sec. 17b-131, replaced “for care or assistance rendered to the decedent” with “only for amounts due under the provisions of federal law or section 17b-93 or 18-85c”, added definition of “cash assistance”, and made technical and conforming changes.