Senate Bill No. 395

Public Act No. 00-83

An Act Concerning State-Funded Assistance To Legal Immigrants.

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

Section 1. Section 17b-112c of the general statutes, as amended by section 9 of public act 99-279, is repealed and the following is substituted in lieu thereof:

(a) Qualified aliens, as defined in Section 431 of Public Law 104-193, [admitted into the United States prior to August 22, 1996,] who do not qualify for federally-funded cash assistance, other lawfully residing immigrant aliens or aliens who formerly held the status of permanently residing under color of law shall be eligible for solely state-funded temporary family assistance, [or] assistance under the federal waiver for the demonstration program entitled "Reach for Jobs First" or cash assistance under the state-administered general assistance program, provided other conditions of eligibility are met. [A qualified alien admitted into the United States on or after August 22, 1996, and not determined eligible for assistance prior to July 1, 1997, shall be eligible for temporary family assistance subsequent to five years from the date admitted, except if the individual is otherwise qualified for the purpose of state receipt of federal financial participation under Title IV of Public Law 104-93, such individual shall be eligible for temporary family assistance regardless of the date admitted. Such a qualified alien] An individual who is granted assistance under this section must pursue citizenship to the maximum extent allowed by law as a condition of eligibility [for the temporary family assistance program] unless incapable of doing so due to a medical problem, language barrier or other reason as determined by the Commissioner of Social Services. Notwithstanding the provisions of this section, any qualified alien or other lawfully residing immigrant alien or alien who formerly held the status of permanently residing under color of law who is a victim of domestic violence or who has mental retardation shall be eligible for [temporary family] assistance under this section.

(b) Notwithstanding the provisions of subsection (a) of this section: (1) A qualified alien admitted into the United States on or after August 22, 1996, or other lawfully residing immigrant alien determined eligible for temporary family assistance or cash assistance under the state-administered general assistance program prior to July 1, 1997, or other lawfully residing immigrant alien or alien who formerly held the status of permanently residing under color of law, shall remain eligible for such assistance until July 1, 2001, and (2) a qualified alien, [or] other lawfully residing immigrant alien admitted into the United States on or after August 22, 1996, other lawfully residing immigrant alien or an alien who formerly held the status of permanently residing under color of law and not determined eligible prior to July 1, 1997, shall be eligible for such assistance subsequent to six months from establishing residency in this state until July 1, 2001; except if the individual is otherwise qualified for the purpose of state receipt of federal financial participation. [under Title IV of Public Law 104-93, such individual shall be eligible for temporary family assistance regardless of the date admitted or the date determined eligible.]

Sec. 2. Subsection (e) of section 17b-116 of the general statutes, as amended by section 10 of public act 99-279, is repealed and the following is substituted in lieu thereof:

(e) Persons domiciled and residing in Connecticut or who have no other residence, and who are United States citizens or who have been admitted as qualified aliens, as defined in Section 431 of Public Law 104-193, into the United States prior to August 22, 1996, or other lawfully residing immigrant aliens or aliens who formerly held the status of permanently residing under color of law shall be eligible for support under the general assistance program. A qualified alien admitted into the United States on or after August 22, 1996, or other lawfully residing immigrant alien determined eligible for general assistance prior to July 1, 1997, shall remain eligible for such assistance until July 1, 2001. Qualified aliens or other lawfully residing immigrant aliens admitted into the United States on or after August 22, 1996, and not determined eligible for assistance prior to July 1, 1997, shall be eligible for such assistance subsequent to six months from establishing residency in this state until July 1, 2001. Qualified aliens must pursue citizenship to the maximum extent allowed by law as a condition of eligibility for the general assistance program unless incapable of doing so due to a medical problem, language barrier or other reason as determined by the Commissioner of Social Services. Notwithstanding the provisions of this subsection, any qualified alien or other lawfully residing immigrant alien or alien who formerly held the status of permanently residing under color of law who is a victim of domestic violence or who has mental retardation shall be eligible for general assistance.

Sec. 3. Section 17b-257b of the general statutes, as amended by section 11 of public act 99-279, is repealed and the following is substituted in lieu thereof:

Qualified aliens, as defined in Section 431 of Public Law 104-193, admitted into the United States on or after August 22, 1996, [or] other lawfully residing immigrant aliens or aliens who formerly held the status of permanently residing under color of law who have been determined eligible for Medicaid or for state-administered general assistance medical aid prior to July 1, 1997, may be eligible until July 1, 2001, for state-funded medical assistance which shall provide coverage to the same extent as the Medicaid program, state-administered general assistance medical aid or the HUSKY Plan, Part B provided other conditions of eligibility are met. Such qualified aliens or lawfully residing immigrant aliens or aliens who formerly held the status of permanently residing under color of law who have not been determined eligible for Medicaid or for state-administered general assistance medical aid prior to July 1, 1997, shall be eligible for state-funded assistance or the HUSKY Plan, Part B subsequent to six months from establishing residency in this state until July 1, 2001. Notwithstanding the provisions of this section, any qualified alien or other lawfully residing immigrant alien or alien who formerly held the status of permanently residing under color of law who is a victim of domestic violence or who has mental retardation shall be eligible for state-funded assistance or the HUSKY Plan, Part B pursuant to this section. Only individuals who are not eligible for Medicaid shall be eligible for state-funded assistance pursuant to this section.

Sec. 4. Subsection (a) of section 17b-342 of the general statutes, as amended by section 12 of public act 99-279, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Social Services shall administer the Connecticut home-care program for the elderly state-wide in order to prevent the institutionalization of elderly persons (1) who are recipients of medical assistance, (2) who are eligible for such assistance, or (3) who meet the criteria for the state-funded portion of the program under subsection (i) of this section. For purposes of this section, a long-term care facility is a facility which has been federally certified as a skilled nursing facility or intermediate care facility. The commissioner shall make any revisions in the state Medicaid plan required by Title XIX of the Social Security Act prior to implementing the program. The annualized cost of the community-based services provided to such persons under the program shall not exceed sixty per cent of the weighted average cost of care in skilled nursing facilities and intermediate care facilities. The program shall be structured so that the net cost to the state for long-term facility care in combination with the community-based services under the program shall not exceed the net cost the state would have incurred without the program. The commissioner shall investigate the possibility of receiving federal funds for the program and shall apply for any necessary federal waivers. A recipient of services under the program, and the estate and legally liable relatives of the recipient, shall be responsible for reimbursement to the state for such services to the same extent required of a recipient of assistance under the state supplement program, medical assistance program, temporary family assistance program or food stamps program. Only a United States citizen or a noncitizen who meets the citizenship requirements for eligibility under the Medicaid program shall be eligible for home-care services under this section, except a qualified alien, as defined in Section 431 of Public Law 104-193, admitted into the United States on or after August 22, 1996, or other lawfully residing immigrant alien determined eligible for services under this section prior to July 1, 1997, shall remain eligible for such services until July 1, 2001. Qualified aliens or other lawfully residing immigrant aliens not determined eligible prior to July 1, 1997, shall be eligible for services under this section subsequent to six months from establishing residency until July 1, 2001. Notwithstanding the provisions of this subsection, any qualified alien or other lawfully residing immigrant alien or alien who formerly held the status of permanently residing under color of law who is a victim of domestic violence or who has mental retardation shall be eligible for assistance pursuant to this section. Qualified aliens, as defined in Section 431 of Public Law 104-193, or other lawfully residing immigrant aliens or aliens who formerly held the status of permanently residing under color of law shall be eligible for services under this section provided other conditions of eligibility are met.

Sec. 5. This act shall take effect July 1, 2000.

Approved May 26, 2000