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A05308 Summary:

BILL NOA05308
 
SAME ASNo Same As
 
SPONSORAngelino
 
COSPNSRMorinello, DeStefano, McDonough, Miller B, Salka, Lemondes
 
MLTSPNSR
 
Amd §§209 & 366, Soc Serv L
 
Increases the personal needs allowance of individuals in nursing homes and individuals in residential programs for victims of domestic violence.
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A05308 Actions:

BILL NOA05308
 
02/12/2021referred to social services
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A05308 Memo:

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.
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A05308 Text:



 
                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.
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