STATE OF NEW YORK
        ________________________________________________________________________

                                          7786

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 6, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the social  services  law,  in  relation  to  increasing
          personal needs allowance amounts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph 10  of  paragraph  (a)  of  subdivision  2  of
     2  section  366  of the social services law, as added by chapter 705 of the
     3  laws of 1988, clauses (i) and (ii) as amended by chapter 672 of the laws
     4  of 2019, and clause (iii) as amended by chapter 170 of the laws of 1994,
     5  is amended to read as follows:
     6    (10) (i) A person who is receiving or is eligible to  receive  federal
     7  supplemental  security  income payments and/or additional state payments
     8  is entitled to a personal needs allowance as follows:
     9    (A) for the personal expenses of a resident of  a  residential  health
    10  care  facility,  as  defined  by section twenty-eight hundred one of the
    11  public health law, the amount of [fifty-five] one hundred forty  dollars
    12  per month;
    13    (B)  for  the  personal expenses of a resident of an intermediate care
    14  facility operated or licensed by the office  for  people  with  develop-
    15  mental disabilities or a patient of a hospital operated by the office of
    16  mental  health,  as  defined  by  subdivision ten of section 1.03 of the
    17  mental hygiene law, the amount of [thirty-five] eighty-nine dollars  per
    18  month.
    19    (ii)  A person who neither receives nor is eligible to receive federal
    20  supplemental security income payments and/or additional  state  payments
    21  is entitled to a personal needs allowance as follows:
    22    (A)  for  the  personal expenses of a resident of a residential health
    23  care facility, as defined by section twenty-eight  hundred  one  of  the
    24  public  health  law,  the  amount  of  [fifty]  one hundred twenty-eight
    25  dollars per month;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13383-01-3

        S. 7786                             2

     1    (B) for the personal expenses of a resident of  an  intermediate  care
     2  facility  operated  or  licensed  by the office for people with develop-
     3  mental disabilities or a patient of a hospital operated by the office of
     4  mental health, as defined by subdivision ten  of  section  1.03  of  the
     5  mental  hygiene law, the amount of [thirty-five] eighty-nine dollars per
     6  month.
     7    (iii) Notwithstanding the provisions of clauses (i) and (ii)  of  this
     8  subparagraph, the personal needs allowance for a person who is a veteran
     9  having  neither a spouse nor a child, or a surviving spouse of a veteran
    10  having no child, who receives a reduced pension from the federal  veter-
    11  ans  administration,  and  who  is  a resident of a nursing facility, as
    12  defined in section 1919 of the federal social  security  act,  shall  be
    13  equal  to such reduced monthly pension but shall not exceed [ninety] one
    14  hundred ninety-six dollars per month.
    15    § 2. Subparagraph 10 of paragraph (a) of subdivision 2 of section  366
    16  of the social services law, as amended by section 3 of part AAA of chap-
    17  ter 56 of the laws of 2022, is amended to read as follows:
    18    (10)  (i)  A person who is receiving or is eligible to receive federal
    19  supplemental security income payments and/or additional  state  payments
    20  is entitled to a personal needs allowance as follows:
    21    (A)  for  the  personal expenses of a resident of a residential health
    22  care facility, as defined by section twenty-eight  hundred  one  of  the
    23  public  health law, the amount of [fifty-five] one hundred forty dollars
    24  per month;
    25    (B) for the personal expenses of a resident of  an  intermediate  care
    26  facility  operated  or  licensed  by the office for people with develop-
    27  mental disabilities or a patient of a hospital operated by the office of
    28  mental health, as defined by subdivision ten  of  section  1.03  of  the
    29  mental  hygiene law, the amount of [thirty-five] eighty-nine dollars per
    30  month.
    31    (ii) A person who neither receives nor is eligible to receive  federal
    32  supplemental  security  income payments and/or additional state payments
    33  is entitled to a personal needs allowance as follows:
    34    (A) for the personal expenses of a resident of  a  residential  health
    35  care  facility,  as  defined  by section twenty-eight hundred one of the
    36  public health law,  the  amount  of  [fifty]  one  hundred  twenty-eight
    37  dollars per month;
    38    (B)  for  the  personal expenses of a resident of an intermediate care
    39  facility operated or licensed by the office  for  people  with  develop-
    40  mental disabilities or a patient of a hospital operated by the office of
    41  mental  health,  as  defined  by  subdivision ten of section 1.03 of the
    42  mental hygiene law, the amount of [thirty-five] eighty-nine dollars  per
    43  month.
    44    (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
    45  subparagraph, the personal needs allowance for a person who is a veteran
    46  having neither a spouse nor a child, or a surviving spouse of a  veteran
    47  having  no child, who receives a reduced pension from the federal veter-
    48  ans administration, and who is a resident  of  a  nursing  facility,  as
    49  defined  in  section  1919  of the federal social security act, shall be
    50  equal to such reduced monthly pension but shall not exceed [ninety]  one
    51  hundred ninety-six dollars per month.
    52    § 3. This act shall take effect January 1, 2025 and shall apply to all
    53  benefits  and allowances issued on and after such date; provided, howev-
    54  er, that section two of this act shall take effect on the same date  and
    55  in the same manner as section 3 of part AAA of chapter 56 of the laws of
    56  2022, takes effect.