|SAME AS||No Same As|
|COSPNSR||Blankenbush, Giglio, Ra, Friend|
|MLTSPNSR||Finch, 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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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. LBD03027-01-9A. 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.