Bill Text: NY A02232 | 2017-2018 | General Assembly | Amended
Bill Title: Increases the personal needs allowance of individuals in nursing homes and individuals in residential programs for victims of domestic violence.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Introduced - Dead) 2018-04-24 - held for consideration in social services [A02232 Detail]
Download: New_York-2017-A02232-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2232--A 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. CROUCH, BLANKENBUSH, BRINDISI, GIGLIO, JENNE, MURRAY, RA -- Multi-Sponsored by -- M. of A. FINCH, LUPARDO, MAGEE, PALMESANO -- read once and referred to the Committee on Social Services -- recommitted to the Committee on Social Services in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 and recalculated every January first 19 thereafter. Notwithstanding any inconsistent provision of subparagraph 20 (ii) of paragraph (d) of subdivision one of this section, on or after EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04642-05-8A. 2232--A 2 1 January first, nineteen hundred eighty-eight, a resident of an interme- 2 diate care facility operated or issued an operating certificate by the 3 office [of mental retardation and] for people with developmental disa- 4 bilities or a patient of a hospital operated by the office of mental 5 health as defined in subdivision ten of section 1.03 of the mental 6 hygiene law who is receiving or is eligible to receive supplemental 7 security income payments and/or additional state payments shall receive 8 a state payment for personal needs in the amount of five dollars a 9 month. The department is authorized to promulgate necessary regulations 10 to provide for the time and manner for payment of such personal allow- 11 ance to such individuals. 12 § 2. Clause (ii) of subparagraph 10 of paragraph (a) of subdivision 2 13 of section 366 of the social services law, as amended by chapter 855 of 14 the laws of 1990, is amended to read as follows: 15 (ii) A person who neither receives nor is eligible to receive federal 16 supplemental security income payments and/or additional state payments 17 is entitled to a personal needs allowance as follows: 18 (A) for the personal expenses of a resident of a residential health 19 care facility, as defined by section twenty-eight hundred one of the 20 public health law, the amount of [fifty] seventy-five dollars per month, 21 provided however, that such amount be subject to an annual adjustment 22 reflecting the latest consumer price index (all items--U.S. city aver- 23 age), published by the United States bureau of labor statistics, 24 commencing January first, two thousand twenty and recalculated every 25 January first thereafter; 26 (B) for the personal expenses of a resident of an intermediate care 27 facility operated or licensed by the office [of mental retardation and] 28 for people with developmental disabilities or a patient of a hospital 29 operated by the office of mental health, as defined by subdivision ten 30 of section 1.03 of the mental hygiene law, the amount of thirty-five 31 dollars per month; 32 (C) for the personal expenses of a residential program for victims of 33 domestic violence in which three meals per day are provided, the amount 34 of seventy-five dollars, provided however that such amount be subject to 35 an annual adjustment reflecting the latest consumer price index (all 36 items--U.S. city average), published by the United States bureau of 37 labor statistics, commencing January first, two thousand twenty and 38 recalculated every January first thereafter. 39 § 3. This act shall take effect on the ninetieth day after it shall 40 have become a law.