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.
                                                                   LBD04642-05-8

        A. 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.
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