2018 SB 151: An Act Concerning Retroactive Medicaid Eligibility For Home Care Services.

Bill Text

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (h) of section 17b-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(h) An individual who is otherwise eligible for services pursuant to this section shall, as a condition of participation in the program, apply for medical assistance benefits pursuant to section 17b-260 when requested to do so by the department and shall accept such benefits if determined eligible. The Commissioner of Social Services, in accordance with 42 CFR 435.915, shall provide payments for Medicaid eligible services under the medical assistance program retroactive to not more than three months before the date an eligible individual applied for such assistance, provided such applicant has not made a transfer of assets for less than fair market value, as defined in 20 CFR 416.1246(b), for purposes of obtaining or maintaining Medicaid eligibility in the sixty months before applying. If the applicant has made such a transfer, the commissioner shall impose a penalty period in accordance with 42 USC 1396p(c)(1)(D)(ii), as amended from time to time.

In Section 1(h), "three months from" was changed to "three months before" for clarity.

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