The Commissioner of Social Services is authorized to take advantage of the medical assistance programs provided in Title XIX, entitled “Grants to States for Medical Assistance Programs”, contained in the Social Security Amendments of 1965 and may administer the same in accordance with the requirements provided therein, including the waiving, with respect to the amount paid for medical care, of provisions concerning recovery from beneficiaries or their estates, charges and recoveries against legally liable relatives, and liens against property of beneficiaries.
(February, 1965, P.A. 357, S. 1; 1967, P.A. 2, S. 1; 759, S. 1(a); P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 93-262, S. 1, 87.)
History: 1967 acts deleted exclusion of patients in institutions for tuberculosis and mental diseases; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-134a transferred to Sec. 17b-260 in 1995.
Annotations to former section 17-134a:
Cited. 168 C. 336; 179 C. 83; Id., 463; 191 C. 384; 192 C. 310; 204 C. 17; 209 C. 390; 216 C. 85; 226 C. 818.
Cited. 5 Conn. Cir. Ct. 506.
Annotations to present section:
Cited. 233 C. 557; 237 C. 550; 240 C. 141; 242 C. 345. Medicaid law in effect at time of Medicaid application governs calculation of available assets even if different law was in effect at time trust was created or became irrevocable; widow's proceeds from trust created in 1968 were subject to spousal asset calculation under Medicare Catastrophic Coverage Act of 1988, disqualifying second husband from Medicaid eligibility. 312 C. 196.
Distribution of trust assets upon death of spouse served to disqualify plaintiff from receiving benefits. 49 CA 432.
Notes of Decisions
Szewczyk v. Dep't of Soc. Servs., 822 A.2d 957 (Conn. App. Ct. 2003).
· cites it 6× “The department’s regulations of the eligibility of undocumented aliens for medicaid assistance mirror its federal counterpart, which provides that “ [undocumented aliens or aliens not otherwise permanently residing in the United States under color of law generally are not…”
Burinskas v. Dep't of Soc. Servs., 691 A.2d 586 (Conn. 1997).
· cites it 3× “See General Statutes § 17b-260. In 1988, Congress passed into law the Medicaid Catastrophic Care Act (catastrophic care act).”
Dep't of Soc. Servs. v. Saunders, 724 A.2d 1093 (Conn. 1999).
· cites it 2× “Authorization to the commissioner of social services to participate in the medicaid program is found at General Statutes § 17b-260 et seq. At the time of the settlement agreement and the proposed establishment of the trust in this case, the 1993 revision of the General Statutes…”
State v. Peters, 946 A.2d 1231 (Conn. 2008).
· cites it 2× “(8) the [m]edicaid program pursuant to Title XIX of the Social Security Act General Statutes § 17b-260 provides in relevant part: “The Commissioner of Social Services is authorized to take advantage of the medical assistance *92 programs provided in Title XIX, entitled ‘Grants…”
O'Callaghan v. Comm'r of Soc. Servs., 729 A.2d 800 (Conn. App. Ct. 1999).
· cites it 3× “Connecticut has elected to participate in the medicaid program and has assigned to the department [of social services] the task of administering the program. General Statutes [§ 17b-260]. .”
Hong Pham v. Starkowski, 16 A.3d 635 (Conn. 2011).
· cites it 2× “See General Statutes § 17b-260. Until 1996, federal Medicaid provided assistance to many indigent individuals meeting the categorical eligibility requirements without regard to citizenship status or durational residency requirements.”
Moore v. Ganim, 660 A.2d 742 (Conn. 1995).
“, now § 17b-260 et seq. (providing for supplemental medical assistance).”
State v. Tuchman, 699 A.2d 952 (Conn. 1997).
· cites it 2× “General Statutes § 17b-260. Under the Connecticut medicaid plan, the rate of reimbursement a participating nursing home receives from the department is based on data submitted in the facility’s annual report of long term care costs (cost report).”
Morenz v. Wilson-Coker, 321 F. Supp. 2d 398 (D. Conn. 2004).
· cites it 2× “Conn. Gen. Stat. § 17b-260. DSS regulations are promulgated through the UPM.”
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