NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5308
SPONSOR: Angelino TITLE OF BILL:
An act to amend the social services law, in relation to personal needs
allowances
PURPOSE OR GENERAL IDEA OF BILL:
Increases the existing personal needs allowance of individuals in nurs-
ing homes and provides for an allowance for individuals in residential
programs for victims of domestic violence.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 2-a of section 209 of the social services law, as
amended by chapter 672 of the laws of 2019 is amended to increase the
monthly personal needs allowance from $25 to $45 for those in nursing
homes who receive additional federal or state funds. Section 2. Clause
(ii) of subparagraph 10 of paragraph (a) of subdivision 2 of section 366
of the social services law, as amended by chapter 672 of the laws of
2019 is amended to increase the monthly personal needs allowance from
$50 to $75 for those nursing home residents who don't receive additional
payments. This bill also provides for a new paragraph (c) which would
provide for a monthly allowance of $75 for domestic violence victims in
residential programs. All the above allowances shall be annually
adjusted to reflect the consumer price index. Section 3. Effective date.
JUSTIFICATION:
For many years the personal needs allowance of individuals in nursing
homes has not been increased and residential program for victims of
domestic violence presently get no allowance. Due to the cost of living
constantly increasing, the personal expenses of a resident of a residen-
tial health care facility should be raised to $45 or $75 per month,
depending upon whether the individual receives additional federal or
state payments. Those in a residential program for victims of domestic
violence are striving to put their lives back together and move forward
but are unable to afford essential items during this difficult period of
transition. This bill provides personal expenses for victims of domes-
tic violence in the amount of $75.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
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.
