Sec. 17b-95. (Formerly Sec. 17-83g). State's claim on death of beneficiary or parent of beneficiary. Sums due pursuant to an annuity contract.
Sec. 17b-95. (Formerly Sec. 17-83g). State's claim on death of beneficiary or
parent of beneficiary. Sums due pursuant to an annuity contract. (a) Subject to the
provisions of subsection (b) of this section, upon the death of a parent of a child who
has, at any time, been a beneficiary under the program of aid to families with dependent
children, the temporary family assistance program or the state-administered general
assistance program, or upon the death of any person who has at any time been a beneficiary of aid under the state supplement program, medical assistance program, aid to
families with dependent children program, temporary family assistance program or
state-administered general assistance program, except as provided in subsection (b) of
section 17b-93, the state shall have a claim against such parent's or person's estate for
all amounts paid on behalf of each such child or for the support of either parent or such
child or such person under the state supplement program, medical assistance program,
aid to families with dependent children program, temporary family assistance program
or state-administered general assistance program for which the state has not been reimbursed, to the extent that the amount which the surviving spouse, parent or dependent
children of the decedent would otherwise take from such estate is not needed for their
support.
(b) In the case of any person dying after October 1, 1959, the claim for medical
payments, even though such payments were made prior thereto, shall be restricted to
medical disbursements actually made for care of such deceased beneficiary.
(c) Claims pursuant to this section shall have priority over all unsecured claims
against such estate, except (1) expenses of last sickness not to exceed three hundred
seventy-five dollars, (2) funeral and burial expenses in accordance with section 17b-84, and (3) administrative expenses, including probate fees and taxes, and including
fiduciary fees not exceeding the following commissions on the value of the whole estates
accounted for by such fiduciaries: On the first two thousand dollars or portion thereof,
five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the
excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the
Probate Court, after a hearing thereon, may authorize compensation in excess of the
above schedule for extraordinary services. Notice of any such petition and hearing shall
be given to the Commissioner of Administrative Services in Hartford at least ten days
in advance of such hearing. The allowable funeral and burial payment herein shall be
reduced by the amount of any prepaid funeral arrangement. Any amount paid from the
estate under this section to any person which exceeds the limits provided herein shall
be repaid to the estate by such person, and such amount may be recovered in a civil
action with interest at six per cent from the date of demand.
(d) For purposes of this section, all sums due on or after July 1, 2003, to any individual after the death of a public assistance beneficiary pursuant to the terms of an annuity
contract purchased at any time with assets of a public assistance beneficiary, shall be
deemed to be part of the estate of the deceased beneficiary and shall be payable to the
state by the recipient of such annuity payments to the extent necessary to achieve full
reimbursement of any public assistance benefits paid to, or on behalf of, the deceased
beneficiary irrespective of any provision of law. The recipient of beneficiary payments
from any such annuity contract shall be solely liable to the state of Connecticut for
reimbursement of public assistance benefits paid to, or on behalf of, the deceased beneficiary to the extent of any payments received by such recipient pursuant to the annuity
contract.
(1969, P.A. 730, S. 30; P.A. 77-614, S. 70, 610; P.A. 78-337, S. 6, 11; P.A. 86-315, S. 3, 5; P.A. 88-156, S. 14; 88-364, S. 26, 123; June 18 Sp. Sess. P.A. 97-2, S. 42, 165; June 30 Sp. Sess. P.A. 03-3, S. 59; P.A. 04-258, S. 11.)
History: P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A.
78-337 specified applicable program as aid to families with dependent children, rather than as "aid to dependent children"
and deleted reference to $600 limit on funeral and burial expenses in Subdiv. (2), referring instead to expenses allowed
under Sec. 17-82q; P.A. 86-315 added reference to Sec. 17-83e(b); P.A. 88-156 and P.A. 88-364 made technical changes;
Sec. 17-83g transferred to Sec. 17b-95 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and conforming changes,
effective July 1, 1997; June 30 Sp. Sess. P.A. 03-3 designated existing provisions as Subsecs. (a), (b), and (c), in Subsec.
(a) adding that effective September 1, 2003, recipients of "Connecticut Pharmaceutical Assistance Contract to the Elderly
and Disabled Program" benefits are subject to estate recovery provisions, and in Subsec. (b) adding provision re state's
claim for recovery of ConnPACE program benefits restricted to persons dying after September 1, 2003, for "benefits
actually received on or after July 1, 2003", added Subsec. (d) providing that all sums due to any individual on or after July
1, 2003, pursuant to the terms of an annuity contract purchased by a public assistance beneficiary, shall be payable to the
state to the extent needed to achieve full reimbursement of the public assistance benefits received, and made technical
changes, effective August 20, 2003; P.A. 04-258 amended Subsec. (a) by deleting provisions that, on or after September 1,
2003, allowed the state to make a claim for reimbursement of benefits paid against the estate of a Connecticut Pharmaceutical
Assistance Contract to the Elderly and Disabled Program beneficiary and amended Subsec. (b) by deleting provision that
authorized recovery of ConnPACE program benefits for those benefits received on or after July 1, 2003, effective June
1, 2004.
Annotations to former section 17-83g:
Cited. 239 C. 471.
Cited. 34 CS 518. Cited. 42 CS 548.
Annotations to present section:
Cited. 239 C. 471. Statute requires a person's Medicaid debt be satisfied prior to payment of other personal debts, such
as credit card debts, that the person incurs. 248 C. 708.