Bill Text: NY A05308 | 2021-2022 | General Assembly | Introduced

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Bill Title: Increases the personal needs allowance of individuals in nursing homes and individuals in residential programs for victims of domestic violence.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2022-01-05 - referred to social services [A05308 Detail]

Download: New_York-2021-A05308-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5308

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 12, 2021
                                       ___________

        Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
          tee 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 672 of the laws of 2019, 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-three 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 for people with developmental disabilities or a patient of
    24  a hospital operated by the office of mental health as defined in  subdi-
    25  vision ten of section 1.03 of the mental hygiene law who is receiving or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09149-01-1
        A. 5308                             2

     1  is  eligible  to  receive  supplemental  security income payments and/or
     2  additional state payments shall receive a  state  payment  for  personal
     3  needs  in  the amount of five dollars a month. The department is author-
     4  ized  to  promulgate  necessary  regulations to provide for the time and
     5  manner for payment of such personal allowance to such individuals.
     6    § 2. Clause (ii) of subparagraph 10 of paragraph (a) of subdivision  2
     7  of  section 366 of the social services law, as amended by chapter 672 of
     8  the laws of 2019, is amended to read as follows:
     9    (ii) A person who neither receives nor is eligible to receive  federal
    10  supplemental  security  income payments and/or additional state payments
    11  is entitled to a personal needs allowance as follows:
    12    (A) for the personal expenses of a resident of  a  residential  health
    13  care  facility,  as  defined  by section twenty-eight hundred one of the
    14  public health law, the amount of [fifty] seventy-five dollars per month,
    15  provided however, that such amount be subject to  an  annual  adjustment
    16  reflecting  the  latest consumer price index (all items--U.S. city aver-
    17  age), published  by  the  United  States  bureau  of  labor  statistics,
    18  commencing  January  first,  two  thousand twenty-three and recalculated
    19  every January first thereafter;
    20    (B) for the personal expenses of a resident of  an  intermediate  care
    21  facility  operated  or  licensed  by the office for people with develop-
    22  mental disabilities or a patient of a hospital operated by the office of
    23  mental health, as defined by subdivision ten  of  section  1.03  of  the
    24  mental hygiene law, the amount of thirty-five dollars per month;
    25    (C)  for the personal expenses of a residential program for victims of
    26  domestic violence in which three meals per day are provided, the  amount
    27  of seventy-five dollars, provided however that such amount be subject to
    28  an  annual  adjustment  reflecting  the latest consumer price index (all
    29  items--U.S. city average), published by  the  United  States  bureau  of
    30  labor  statistics,  commencing  January first, two thousand twenty-three
    31  and recalculated every January first thereafter.
    32    § 3. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law.