SB 164 — AN ACT CONCERNING STATE AGENCY COMPLIANCE WITH PROBATE COURT ORDERS.

REPRINT Senate GeneralBill Assembly File No.

436164 FebruaryPublic Session,Act 2022 Senate Bill No.

16422-112 Senate,AN AprilACT 13,CONCERNING 2022STATE TheAGENCY CommitteeCOMPLIANCE onWITH JudiciaryPROBATE reportedthroughCOURT SEN.ORDERS.

WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING STATE AGENCY COMPLIANCE WITH PROBATE COURT ORDERS.

(NEW) (Effective October 1, 2022) (a)To Eachthe extent permitted by federal law, each state agency that is a party to a Probate Court proceeding shall recognize,recognize apply and enforceapply any order, denial or decree of a Probate CourtCourt, thatissuedonor isafter applicableOctober to1,2022,providedsuch anyProbate determinationCourt madehas bystatutory thejurisdiction stateto agencyissue insuch aorder, contesteddenial case.or decree.

Any party aggrieved by ansuch order, denial or decree of asuch Probate Court that is applicable to such a determination may appeal therefrom to the Superior Court in accordance with section 45a-186 of the general statutes, as amended by this act.

(b)As Forused thein purposes of this section, "state agency" means an agency, as defined in section 4-1664- of the general statutes, and "contested case" has the same meaning as provided in section 4-166 of the general statutes.

Section 45a-186 of the 2022 supplement to the general statutes SB164is /repealed Fileand No.the following is substituted in lieu thereof (Effective October 1, 2022):

436 1 SB164 File No.

436 is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):

(b) Any person aggrieved by an order, denial or decree of a Probate CourtSenate mayBill appealNo. therefrom to the Superior Court.

164 Court may appeal therefrom to the Superior Court.

(d) An appeal from a decision rendered in any case after a recording of the proceedings is made under section 17a-498, 17a-543, 17a-543a, SB16417a-685, /or File19a-131b, No.sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, shall be on the record and shall not be a trial de novo.

436(e) 2Each SB164person Filewho files an appeal pursuant to this section shall Public Act No.

43622-112 17a-685,2 orof 19a-131b,5 sectionsSenate 45a-644Bill toNo. 45a-667v, inclusive, or section 51-72 or 51-73, shall be on the record and shall not be a trial de novo.

(e)164 Each person who files an appeal pursuant to this section shall serve a copy of the complaint on each interested party.

(i) A hearing in an appeal from probate proceedings under section 17a-77,17a-80,17a-498,17a-510,17a-511,17a-543,17a-543a,17a-685,19a- SB164131b, /45a-650, File45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a- Public Act No.

43622-112 3 SB164of File5 Senate Bill No.

436164 131b, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a- 699, 45a-703, [or] 45a-717 or section 1 of this act shall commence, unless a stay has been issued pursuant to subsection (j) of this section, not later than ninety days after the appeal has been filed.

Appeals (A) under sections 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, and 19a-131b, (B) of children's matters as defined in subsection (a) of section 45a-8a,Public (C)Act under section 1 of this act, (D) under sections 45a-644 to 45a- 663, inclusive, 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700, SB164 / File No.

43622-112 4 SB164of File5 Senate Bill No.

436164 45a-8a, (C) under section 1 of this act, (D) under sections 45a-644 to 45a- 663, inclusive, 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700, inclusive, and (E) any matter in a Probate Court heard on the record in accordance with sections 51-72 and 51-73.

ThisSec. act shall take effect as follows and shall amend the following sections:

Section3. 1 October 1, 2022 New section Sec.

2(NEW) (Effective October 1, 20222022) 45a-186The JUDDepartment Jointof FavorableSocial SB164Services /shall Filecompile No.annual data concerning the denial of Medicaid eligibility in any matter in which a Probate Court in this state issued an order or decree concerning assets or income that, according to the department, affected an individual's Medicaid eligibility.

436Not 5later SB164than FileJanuary No.1, 2024, and annually thereafter, the department, in accordance with the provisions of section 11-4a of the general statutes, shall report to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and human services on:

436(1) TheOn followingany FiscalProbate ImpactCourt Statementorder andor Billdecree Analysisrelating areto preparedassets foror theincome benefitwith ofwhich the membersdepartment ofdid not comply and, according to the Generaldepartment, Assembly,affected solelyan individual applying for purposesMedicaid ofeligibility, information,such summarizationreport andshall explanationinclude anda dowritten notexplanation representfor thesuch intentnoncompliance ofand whether the Generaldepartment Assemblyappealed orthe eitherProbate chamberCourt thereoforder foror anydecree; purpose.

Inand general,(2) fiscalfor impactsall areoccurrences baseddescribed uponin asubdivision variety(1) of informationalthis sources,section, includingwhether the analyst’sdenial professionalof knowledge.Medicaid eligibility by the department was appealed and the outcome or status of any such appeal.

WheneverApproved applicable,May agency24, data2022 isPublic consultedAct asNo. part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA22-112 Fiscal5 Noteof State5 Impact:

Agency Affected Fund-Effect FY 23 $ FY 24 $ Social Services, Dept.;

Attorney GF - Potential See Below See Below General;

Children & Families, Cost Dept.;

Department of Developmental Services Note:

GF=General Fund Municipal Impact:

None Explanation The bill requires state agencies to recognize, apply, and enforce any probate court orders, denials or decrees and may result in a cost to the state to represent agency interests in Probate Court proceedings.

To the extent that agencies are not currently complying with such orders, this bill may also result in a cost to the agencies to comply.

In addition, to the extent that the Probate Court order potentially violates federal law or jeopardizes federal funding, it is likely the affected agency, represented by the Office of the Attorney General, would appeal the decision.

In accordance with federal law (42 USC 1396a(a)(5)), the Department ofSocial Services has been identified as the single state agency to determine Medicaid eligibility and therefore eligibility determination is outside the scope of the Probate Court and assumed unchanged by the bill.