Sec. 17b-303. Income disregard. Application for federal waiver.
Sec. 17b-303. Income disregard. Application for federal waiver. (a) For purposes of determining eligibility for the HUSKY Plan, Part B and to the extent permitted
by federal law and to the extent federal financial participation is available, the commissioner may disregard family income. Such disregard of family income shall allow subsidized coverage for an eligible beneficiary who resides in a household with a family
income of not more than three hundred per cent of the federal poverty level. No such
income disregard shall have the effect of granting eligibility for a child under the HUSKY
Plan, Part A.
(b) The commissioner may submit an application for a waiver under Section 1115
of the Social Security Act (1) to authorize the use of funds received under Title XXI of
the Social Security Act to establish a non-Medicaid health insurance program for eligible
beneficiaries who reside in a household with a family income of more than two hundred
thirty-five per cent of the federal poverty level but less than three hundred per cent of
the federal poverty level, and (2) to allow families under Section 2105(c)(3) of Title
XXI of the Social Security Act to purchase health insurance under the HUSKY Plan,
Part B with a sliding fee scale for families with an income up to three hundred per cent
of the federal poverty level and at full premium for those uninsured families with an
income of over three hundred per cent of the federal poverty level. The commissioner
may submit an application for a waiver of allowable expenditures in excess of ten per
cent under the provisions of Section 2105(c)(2) of Subtitle J of Public Law 105-33.
(c) The commissioner shall submit any application for a federal waiver or proposed
modification of any such waiver in connection with the HUSKY Plan, Part A and Part
B, except the initial waivers specified under subsection (b) of this section, to the joint
standing committees of the General Assembly having cognizance of matters relating to
human services, public health, insurance and appropriations and the budgets of state
agencies prior to the submission of such application or proposed modification to the
federal government in accordance with the provisions of section 17b-8.
(d) If the waiver specified in subdivision (1) of subsection (b) of this section is
denied and the income disregard under subsection (a) of this section is not available,
uninsured children who reside in a household with a family income of more than two
hundred thirty-five per cent of the federal poverty level but less than three hundred per
cent of the federal poverty level shall be eligible for unsubsidized benefits under the
provisions of subsection (b) of section 17b-292.
(October 29 Sp. Sess. P.A. 97-1, S. 15, 23; P.A. 98-8, S. 3, 5.)
History: Oct. 29 Sp. Sess. P.A. 97-1 effective October 30, 1997; P.A. 98-8 amended Subsec. (a) re family income
disregard to eliminate phrase "up to sixty-five per cent of the federal poverty level for the size of the family" and to establish
that such income disregard shall not make a child eligible under the HUSKY Plan, Part A (Medicaid), effective April 7, 1998.