Increases personal needs allowance amounts for individuals who are deemed eligible; requires that payments be subject to an annual adjustment reflecting the latest consumer price index, all items-U.S. city average.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2048
SPONSOR: Solages TITLE OF BILL:
An act to amend the social services law, in relation to increasing
personal needs allowance amounts
PURPOSE:
The purpose of this bill is to increase the personal needs allowance for
a person who receives federal supplemental security income payments, who
neither receives nor is eligible to receive federal supplemental securi-
ty income payments, and for a person who is a veteran having neither a
spouse nor a child, or a surviving spouse of a veteran having no child,
who receives a reduced pension from the federal veterans administration,
and who is a resident of a nursing facility.
SUMMARY:
Section 1. Amends subparagraph 10 of paragraph (a) of subdivision 2 of
section 366 of the social services law, as amended by section 3 of part
AAA of chapter 56 of the laws of 2022.
Section 2. Amends subdivision 2-a of section 209 of the social services
law, as amended by chapter 672 of the laws of 2019.
Section 3. Sets the effective date.
JUSTIFICATION:
The cost of living has increased for all members of society, including
the most vulnerable, and, in particular, has affected the lives of nurs-
ing home residents. For example, a resident who neither receives nor is
eligible to receive federal supplemental security income payments and/or
additional state payments currently receives a Personal Needs Allowance
(PNA) of $50 a month. Due to an increased cost of living, $50 does not
go a long way. Personal costs like getting a haircut can easily exceed
this paltry amount. For many residents, normal life experiences like
getting a haircut make the many indignities of nursing home life beara-
ble. This is just one example of many everyday life experiences that
those who do not live in nursing homes take for granted. There are prac-
tical costs, like purchasing quality dental adhesive, and many other
small-dollar hygiene and health needs that are not satisfactorily
provided by nursing homes. Residents may need new clothing, pajamas, and
shoes, or may want to give a grandchild or child a $5 birthday gift. No,
$50 does not go a long way at all, and many residents feel hamstrung in
their efforts to live out their golden years with pride and dignity.
Per the federal Supplemental Security Act Amendments of 1972, all Medi-
caid-eligible nursing home residents must receive a PNA. In amendments
to that law, per the Omnibus Budget Reconciliation Act of 1987, the
federal minimum PNA was established at $30 a month. The minimum has not
changed since then. However, the 1987 Act also allowed states to set a
higher PNA, with a maximum set at $200 a month. In 1988, the state, via
Chapter 705 of the Laws of 1988 established the PNA between $35 and $55,
depending on the circumstance of the nursing home resident. Later chap-
ters would introduce a $90 PNA for certain veterans.
Personal needs allowances are intended to provide residents with a small
but effective dollar amount each month to pay for the myriad miscella-
neous expenses that occur in day-to-day life. As such, it is imperative
that the state increase the PNA for nursing home residents. Enjoying
life with dignity is crucial in maintaining a high standard of living
and increasing positive health outcomes. An increased PNA would be the
first step in ensuring the State's aging residents are afforded such
opportunity. This bill would increase the personal needs allowance for a
person who receives federal supplemental security income payments, who
neither receives nor is eligible to receive federal supplemental securi-
ty income payments, and for a person who is a veteran having neither a
spouse nor a child, or a surviving spouse of a veteran having no child,
who receives a reduced pension from the federal veterans administration,
and who is a resident of a nursing facility.
SOCIAL JUSTICE IMPACT
TBD.
LEGISLATIVE HISTORY:
2023-24: A8396, referred to social services.
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take effect January 1, 2026 and shall apply to all bene-
fits and allowances issued on and after such date.
STATE OF NEW YORK
________________________________________________________________________
2048
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. SOLAGES, SIMON, SHRESTHA, BENDETT -- read once
and referred to the Committee on Social Services
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 amended by section 3 of part
3 AAA of chapter 56 of the laws of 2022, is amended to read as follows:
4 (10) (i) A person who is receiving or is eligible to receive federal
5 supplemental security income payments and/or additional state payments
6 is entitled to a personal needs allowance as follows:
7 (A) for the personal expenses of a resident of a residential health
8 care facility, as defined by section twenty-eight hundred one of the
9 public health law, the amount of [fifty-five] two hundred dollars per
10 month, provided further that such amount be subject to an annual adjust-
11 ment reflecting the latest consumer price index, all items-U.S. city
12 average, published by the United States bureau of labor statistics,
13 commencing January first, two thousand twenty-six and recalculated every
14 January first thereafter;
15 (B) for the personal expenses of a resident of an intermediate care
16 facility operated or licensed by the office for people with develop-
17 mental disabilities or a patient of a hospital operated by the office of
18 mental health, as defined by subdivision ten of section 1.03 of the
19 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per
20 month.
21 (ii) A person who neither receives nor is eligible to receive federal
22 supplemental security income payments and/or additional state payments
23 is entitled to a personal needs allowance as follows:
24 (A) for the personal expenses of a resident of a residential health
25 care facility, as defined by section twenty-eight hundred one of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03850-02-5
A. 2048 2
1 public health law, the amount of [fifty] two hundred dollars per month,
2 provided further that such amount be subject to an annual adjustment
3 reflecting the latest consumer price index, all items-U.S. city average,
4 published by the United States bureau of labor statistics, commencing
5 January first, two thousand twenty-six and recalculated every January
6 first thereafter;
7 (B) for the personal expenses of a resident of an intermediate care
8 facility operated or licensed by the office for people with develop-
9 mental disabilities or a patient of a hospital operated by the office of
10 mental health, as defined by subdivision ten of section 1.03 of the
11 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per
12 month.
13 (iii) [Notwithstanding the provisions of clauses (i) and (ii) of this
14 subparagraph, the] The personal needs allowance for a person who is a
15 veteran having neither a spouse nor a child, or a surviving spouse of a
16 veteran having no child, who receives a reduced pension from the federal
17 veterans administration, and who is a resident of a nursing facility, as
18 defined in section 1919 of the federal social security act, shall be
19 equal to such reduced monthly pension [but shall not exceed ninety
20 dollars per month] plus the amounts stated in the provisions of clauses
21 (i) and (ii) of this subparagraph.
22 § 2. Subdivision 2-a of section 209 of the social services law, as
23 amended by chapter 672 of the laws of 2019, is amended to read as
24 follows:
25 2-a. Notwithstanding any inconsistent provision of subparagraph (ii)
26 of paragraph (d) of subdivision one of this section, an individual who
27 is receiving or is eligible to receive federal supplemental security
28 income payments and/or additional state payments and who is a resident
29 of a residential health care facility as defined by section twenty-eight
30 hundred one of the public health law, shall, in accordance with regu-
31 lations of the department, be entitled to a state payment for personal
32 needs in the amount of fifteen dollars a month, provided, however, that
33 on or after January first, nineteen hundred eighty-eight the state
34 payment for personal needs for such persons shall be in the amount of
35 twenty-five dollars a month[.], provided however, that on or after in
36 the amount of one hundred seventy dollars a month; provided further that
37 such amount be subject to an annual adjustment reflecting the latest
38 consumer price index (all items-U.S. city average), published by the
39 United States bureau of labor statistics, commencing January first, two
40 thousand twenty-six and recalculated every January first thereafter.
41 Notwithstanding any inconsistent provision of subparagraph (ii) of para-
42 graph (d) of subdivision one of this section, on or after January first,
43 nineteen hundred eighty-eight, a resident of an intermediate care facil-
44 ity operated or issued an operating certificate by the office for people
45 with developmental disabilities or a patient of a hospital operated by
46 the office of mental health as defined in subdivision ten of section
47 1.03 of the mental hygiene law who is receiving or is eligible to
48 receive supplemental security income payments and/or additional state
49 payments shall receive a state payment for personal needs in the amount
50 of [five] fifty-nine dollars a month. The department is authorized to
51 promulgate necessary regulations to provide for the time and manner for
52 payment of such personal allowance to such individuals.
53 § 3. This act shall take effect January 1, 2026 and shall apply to all
54 benefits and allowances issued on and after such date.
