Sec. 17b-228. (Formerly Sec. 17-298). Court action by state to recover unpaid portion of charges.
Sec. 17b-228. (Formerly Sec. 17-298). Court action by state to recover unpaid
portion of charges. When any person has been supported, wholly or in part, by the state
in a humane institution, whether such person was admitted thereto as a pauper or indigent
or otherwise, and any portion of the charges for which such person or his liable relatives
were liable under the provisions of section 17b-223 remains unpaid, such person or such
relatives, as the case may be, or the estate of any such person or such relatives, shall be
liable to the state therefor, and the Commissioner of Administrative Services may, in
the name of the state, bring a complaint therefor, against any liable person or persons,
in any court having jurisdiction thereof in the county in which such liable person or the
conservator or guardian of such patient resides, or, if several are liable, in the county
in which any of them resides, and any other person who might, under the provisions
hereof, have been made a defendant in such action may be cited in as a party defendant
on motion of either party thereto. Said court may render judgment against the defendant,
or each or any of the several defendants, in favor of the state for the balance of the
charges remaining unpaid for which such defendants are liable, and payment of such
judgment may be secured by attachment and execution issued thereon. The limitation
of action provided in section 52-576 shall apply only to any such claim against a relative
as such, and any claim by the state for reimbursement of the balance of the billed charges
remaining unpaid from the estate of any deceased person shall be presented to the executor or administrator thereof within the time limited for the presentation of other claims
against such estate.
(1949 Rev., S. 2663; 1953, 1955, S. 1498d; 1959, P.A. 404; 1961, P.A. 62; 1967, P.A. 314, S. 16; 653, S. 1; 1969, P.A.
453, S. 4; P.A. 77-614, S. 70, 610.)
History: 1959 act specified Sec. 52-276 apply only to claims against a relative as such, raised amount of personal estate
limit from $1,000 to $2,000, and reduced waiting time from 90 to 30 days; 1961 act deleted provision for municipality to
take estate proceedings, added expenses for last illness and burial and authorized banks, etc., having control to pay sums
to commissioner and deleted alternatives for paying same; 1967 acts substituted commissioner of finance and control for
welfare commissioner and raised personal estate limit from $2,000 to $3,500; 1969 act deleted provisions re taking of
estates not exceeding $35,000 by state; P.A. 77-614 replaced commissioner of finance and control with commissioner of
administrative services; Sec. 17-298 transferred to Sec. 17b-228 in 1995.
See Sec. 17b-222 for definition of "humane institution".
See Sec. 17b-745 re issuance of court order for support of persons supported by state and wage executions.
Annotations to former section 17-298:
Applies to a past expenditure. 93 C. 573. By bringing action, state subjects itself to the procedure established for its
final disposition. 119 C. 220. Trustee's agreement to pay for support furnished prior to death of testator held invalid. Id.,
508. Cited. 127 C. 58. In action by city against same trustee, held no duty on trustee of discretionary trust to use fund for
support of inmate. 133 C. 31. Cited. 137 C. 319. Cited. 139 C. 472. Essential for recovery against an estate that decedent
was able to reimburse the state during his lifetime. 140 C. 21, 26. Cited. Id., 214. Cited. 142 C. 329. Cited. 152 C. 55.
Cited. 189 C. 726.
Finding by probate court that a person was a pauper not conclusive because fact is a jurisdictional one. 4 CS 286. Statute
retrospective in operation because it does not originate a new cause of action but extends one which previously existed in
the state to the towns and cities. 11 CS 295. Not applicable to a person, certified insane after having been committed to
jail on a binding over process, and then transferred to a state hospital until the time of his trial. 14 CS 33. Cited. 15 CS
177. An action under this provision should not be entered on the jury docket. Id., 369. Claim for reimbursement for care
of tubercular patient allowed. 16 CS 118. Creates absolute liability on recipient of town aid for support and care in a humane
institution. 18 CS 337.
Commissioner may proceed under this section or section 17-324 to obtain support for a patient in a state humane
institution. 4 Conn. Cir. Ct. 81. Cited. Id., 548.