New Jersey-2016-A1639-Introduced

An Act concerning the personal needs allowance and amending P.L.1985, c.286 and P.L.1973, c.256.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1985, c.286 (C.30:4D-6a) is amended to read as follows:

1. Any person who is eligible for medical assistance and health services under P.L.1968, c.413 (C.30:4D-1 et seq.) and who receives medical assistance under subparagraph (4)(a) of subsection a. or under paragraph (11), (13) or (14) of subsection b. of section 6 of P.L.1968, c.413 (C.30:4D-6), who is not eligible for Supplemental Security Income benefits pursuant to 42U.S.C. s.1382(e)(1)(B), is entitled to a $35.00 monthly personal needs allowance, except that if the person or the person's spouse is a veteran as defined in section 6 of P.L.1954, c.84 (C.43:15A-6), the monthly personal needs allowance shall be $50. Beginning January 1 of the next year following enactment of P.L. , c. (pending before the Legislature as this bill) and annually thereafter, the $50 amount shall be increased by the same percentage as the cost-of-living adjustment for Social Security benefits for that year.

(cf: P.L.1985, c.286, s. 1)

2. Section 3 of P.L.1973, c.256 (C.44:7-87) is amended to read as follows:

3. The commissioner shall:

a. Enter into agreements with the government to secure the administration of supplementary payments by the government for such time and upon such conditions as the commissioner may in his discretion deem appropriate.

b. Promulgate, alter and amend such rules, regulations and directory orders as are necessary and proper:

(1) To implement the terms of the agreement with the government for the administration by the government of supplementary payments; and

(2) To secure social services for eligible persons, and for such other aged, blind or disabled persons as the commissioner may designate.

c. Transfer State or welfare board funds, or both, currently appropriated for this State's participation in the federal categorical assistance programs of "Old Age Assistance," R.S.44:7-3 to R.S.44:7-37; "Assistance for the Blind," P.L.1962, c.197 (C.44:7-43 to 44:7-49) and "Permanent and Total Disability Assistance,"
P.L.1951, c.139 (C.44:7-38 to 44:7-42) and any funds which may in the future be appropriated for the payment of supplementary payments, to the government in such amounts and at such times as the commissioner shall deem appropriate in order to provide for supplementary payments to eligible persons in this State.

d. Pay to the government such funds as are necessary to reimburse the government's expenses in collecting additional information needed for the State to make eligibility determinations for medical assistance under the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 to 30:4D-19).

e. Require welfare boards to perform such eligibility determinations as the commissioner may deem necessary for the continuation of the New Jersey Medical Assistance Program under the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413. The commissioner shall pay to the counties a reasonable amount to reimburse the welfare boards for their expenses in making such eligibility determinations.

f. (Deleted by amendment, P.L.1990, c.66.)

g. Take appropriate steps to secure maximum federal financial participation in providing assistance to eligible persons residing in residential health care facilities.

h. Ensure that any eligible person residing in a rooming or boarding house or residential health care facility has reserved to him a monthly amount, from payments received under the provisions of the act to which this act is a supplement or from any other income, as a personal needs allowance. The personal needs allowance may vary according to the type of facility in which an eligible person resides, but in no case shall be less than $25.00 per month.

i. Ensure that any eligible person who receives medical assistance under subparagraph (4)(a) of subsection a. or under paragraph (11), (13) or (14) of subsection b. of section 6 of P.L.1968, c.413 (C.30:4D-6) receives $10.00 per month, in addition to benefits received pursuant to 42 U.S.C. s. 1382(e)(1)(B), except that if the person or the person's spouse is a veteran as defined in section 6 of P.L.1954, c.84 (C.43:15A-6), the person shall receive $20 per month. Beginning January 1 of the next year following enactment of P.L. , c. (pending before the Legislature as this bill) and annually thereafter, the $20 amount shall be increased by the same percentage as the cost-of-living adjustment for Social Security benefits for that year. If the government cannot administer this [$10.00] monthly increase, the commissioner shall administer this increase and shall ensure that this increase is not considered income for Supplemental Security Income program purposes. However, if the government increases the benefit level under 42 U.S.C. s.1382(e)(1)(B), the commissioner shall allow the government to administer this increase and shall reduce its payment to an eligible recipient by an equal amount.

j. Assess welfare boards at the beginning of each fiscal year in the same proportion that the counties currently participate in the federal categorical assistance programs, in order to obtain the amount of each county's share of supplementary payments for eligible persons in this State, based upon the number of eligible persons in the county.

(cf: P.L.1991, c.466, s.1)

3. a. The Commissioner of Human Services shall apply for such State plan amendments as may be necessary to implement the provisions of section 1 of this act and secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.

b. The commissioner shall seek federal government approval of the commissioner's administrative plan for the increase in the personal needs allowance for recipients of Supplemental Security Income.

4. This act shall take effect on the first day of the third month following enactment, except that sections 1 and 2, respectively, shall remain inoperative until such time as the commissioner receives federal approval for the Medicaid State plan amendment and federal approval for the commissioner's administrative plan as provided in section 3 of this act.

STATEMENT

This bill would increase the personal needs allowance for veterans and their spouses who are recipients of Medicaid or Supplemental Security Income (SSI) and reside in a nursing home or developmental center, or are patients in a psychiatric hospital. This allowance is used to purchase personal items, such as clothing, grooming aids, newspapers, and other items not regularly provided by the facility in which they reside.

For Medicaid recipients who are veterans or the spouses of veterans, the monthly personal needs allowance would be increased from $35 to $50. For recipients of SSI who are veterans or the spouses of veterans, the monthly personal needs allowance would be increased from $40 to $50. The bill further provides that these amounts will be increased annually, on January 1 of each year, by the same percentage as the cost-of-living adjustment for Social Security benefits that year.

In the case of SSI recipients, the bill provides that the Commissioner of Human Services shall administer the $10 increase provided in the bill if the federal government, which provides the basic allowance, cannot administer the increase. The bill also directs the Commissioner of Human Services to apply to the federal government for such Medicaid State plan amendments as may be necessary to increase the personal needs allowance for Medicaid recipients, and to seek federal government approval for the commissioner's administrative plan to implement the increase for SSI recipients. The respective increases provided for in the bill will not be operative until such time as the commissioner receives federal approval for the Medicaid State plan amendment and the commissioner's SSI administrative plan.