Connecticut Seal

General Assembly

Amendment

 

January Session, 2011

LCO No. 7177

   
 

*SB0124007177SRO*

Offered by:

 

SEN. KELLY, 21st Dist.

 

To: Senate Bill No. 1240

File No.

Cal. No.

Strike subsection (d) of section 104 and insert the following in lieu thereof:

"(d) (1) An institutionalized individual shall not be penalized for the transfer of an asset if the entire amount of the transferred asset is returned to the institutionalized individual. The partial return of a transferred asset shall not result in a reduced penalty period.

(2) If any part of an asset that an institutionalized individual transferred prior to applying for medical assistance is returned to the institutionalized individual, such individual's spouse or such individual's authorized representative not later than thirty days after the date of the transfer, the Department of Social Services may presume, subject to rebuttal as provided in subdivision (3) of this subsection, that the returned asset was available to the institutionalized individual beginning on the date of the initial transfer and continuing to the date of return of the asset.

(3) The presumption that a returned asset had been available to the institutionalized individual, as described in subdivision (2) of this subsection, may be rebutted by evidence that, at the time of transfer, the institutionalized individual did not intend for the asset to be returned.

(4) If an asset that was transferred prior to the date an institutionalized individual applied for medical assistance is entirely or partially returned, more than thirty days after the date of transfer, the Department of Social Services shall regard such asset as available to the institutionalized individual on the date the asset was entirely or partially returned.

(5) For purposes of this section, an "institutionalized individual" means an individual who is receiving (A) services from a long-term care facility, (B) services from a medical institution which are equivalent to those services provided in a long-term care facility, or (C) home and community-based services under a Medicaid waiver."