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A01767 Summary:

BILL NOA01767
 
SAME ASNo Same As
 
SPONSORCrouch (MS)
 
COSPNSRBlankenbush, Giglio, Ra, Friend
 
MLTSPNSRFinch, Lupardo, Palmesano
 
Amd 209 & 366, Soc Serv L
 
Increases the personal needs allowance of individuals in nursing homes and individuals in residential programs for victims of domestic violence.
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A01767 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1767
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2019
                                       ___________
 
        Introduced  by  M.  of A. CROUCH, BLANKENBUSH, GIGLIO, RA -- Multi-Spon-
          sored by -- M. of A.  FINCH,  LUPARDO,  PALMESANO  --  read  once  and
          referred to the Committee on Social Services
 
        AN  ACT  to amend the social services law, in relation to personal needs
          allowances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 2-a of section 209 of the social services law,
     2  as amended by chapter 450 of the laws of 1987, is  amended  to  read  as
     3  follows:
     4    2-a.  Notwithstanding  any inconsistent provision of subparagraph (ii)
     5  of paragraph (d) of subdivision one of this section, an  individual  who
     6  is  receiving  or  is  eligible to receive federal supplemental security
     7  income payments and/or additional state payments and who is  a  resident
     8  of a residential health care facility as defined by section twenty-eight
     9  hundred  one  of  the public health law, shall, in accordance with regu-
    10  lations of the department, be entitled to a state payment  for  personal
    11  needs  in the amount of fifteen dollars a month, provided, however, that
    12  on or after January  first,  nineteen  hundred  eighty-eight  the  state
    13  payment  for  personal  needs for such persons shall be in the amount of
    14  [twenty-five] forty-five dollars a month;  provided  further  that  such
    15  forty-five  dollar  amount be subject to an annual adjustment reflecting
    16  the  latest  consumer  price  index  (all  items--U.S.  city   average),
    17  published  by  the  United States bureau of labor statistics, commencing
    18  January first, two thousand twenty-one and  recalculated  every  January
    19  first thereafter.  Notwithstanding any inconsistent provision of subpar-
    20  agraph  (ii)  of paragraph (d) of subdivision one of this section, on or
    21  after January first, nineteen hundred eighty-eight,  a  resident  of  an
    22  intermediate  care  facility operated or issued an operating certificate
    23  by the office [of mental retardation and] for people with  developmental
    24  disabilities or a patient of a hospital operated by the office of mental
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03027-01-9

        A. 1767                             2
 
     1  health  as  defined  in  subdivision  ten  of section 1.03 of the mental
     2  hygiene law who is receiving or  is  eligible  to  receive  supplemental
     3  security  income payments and/or additional state payments shall receive
     4  a  state  payment  for  personal  needs  in the amount of five dollars a
     5  month. The department is authorized to promulgate necessary  regulations
     6  to  provide  for the time and manner for payment of such personal allow-
     7  ance to such individuals.
     8    § 2. Clause (ii) of subparagraph 10 of paragraph (a) of subdivision  2
     9  of  section 366 of the social services law, as amended by chapter 855 of
    10  the laws of 1990, is amended to read as follows:
    11    (ii) A person who neither receives nor is eligible to receive  federal
    12  supplemental  security  income payments and/or additional state payments
    13  is entitled to a personal needs allowance as follows:
    14    (A) for the personal expenses of a resident of  a  residential  health
    15  care  facility,  as  defined  by section twenty-eight hundred one of the
    16  public health law, the amount of [fifty] seventy-five dollars per month,
    17  provided however, that such amount be subject to  an  annual  adjustment
    18  reflecting  the  latest consumer price index (all items--U.S. city aver-
    19  age), published  by  the  United  States  bureau  of  labor  statistics,
    20  commencing January first, two thousand twenty-one and recalculated every
    21  January first thereafter;
    22    (B)  for  the  personal expenses of a resident of an intermediate care
    23  facility operated or licensed by the office [of mental retardation  and]
    24  for  people  with  developmental disabilities or a patient of a hospital
    25  operated by the office of mental health, as defined by  subdivision  ten
    26  of  section  1.03  of  the mental hygiene law, the amount of thirty-five
    27  dollars per month;
    28    (C) for the personal expenses of a residential program for victims  of
    29  domestic  violence in which three meals per day are provided, the amount
    30  of seventy-five dollars, provided however that such amount be subject to
    31  an annual adjustment reflecting the latest  consumer  price  index  (all
    32  items--U.S.  city  average),  published  by  the United States bureau of
    33  labor statistics, commencing January first, two thousand twenty-one  and
    34  recalculated every January first thereafter.
    35    §  3.  This  act shall take effect on the ninetieth day after it shall
    36  have become a law.
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