Relates to state assistance for food and vet expenses for guide dogs, hearing dogs and service dogs of individuals qualifying for social services; requires regulations set an amount of no less than $50 a month; clarifies that service dogs do not have to be certified to qualify for such benefits.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5499
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the social services law, in relation to assistance for
guide dogs, hearing dogs and service dogs and to repeal section 303-a of
such law relating thereto
 
PURPOSE:
This bill includes food and veterinary expenditures in the list of
expenses used to calculate a disabled person's social service benefits.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one repeals section 303-a of the social services law and adds a
new section 131-y.
Section two sets forth the effective date.
 
JUSTIFICATION:
Certain expenses are incurred for necessities, such as for housing and
heat. These expenses are then used in calculations to reduce the total
income an individual has when applying or reapplying for social service
benefits.
Many disabled individuals require the assistance of a guide, hearing or
other form of service dog, to perform basic tasks associated with daily
life, making the service dog a necessity. Like any other companion
animal, service dogs need sustenance and regular veterinary care, which
can be very costly. It is only logical that the cost of regular care for
the animal should be considered what it is, a necessity, and calculated
as an unavoidable expense when attempting to receive or keep assistance
such as Medicaid, Medicare or supplemental nutrition assistance bene-
fits.
This legislation will codify the existing policy of the Office of Tempo-
rary and Disability Assistance when it reviews qualified expenses during
fair hearings.
 
LEGISLATIVE HISTORY:
2021-22: A.1302 - Referred to Ways and Means; S.6419 - Referred to
Social Services
2019-20: A.678 - Referred to Social Services
2017-18: A.4938 - Reported to Ways and Means
2015-16: A.7489 - Reported to Ways and Means
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This bill shall take effect on the one hundred and eightieth day after
it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5499
2023-2024 Regular Sessions
IN ASSEMBLY
March 15, 2023
___________
Introduced by M. of A. L. ROSENTHAL, OTIS -- read once and referred to
the Committee on Social Services
AN ACT to amend the social services law, in relation to assistance for
guide dogs, hearing dogs and service dogs and to repeal section 303-a
of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 303-a of the social services law is REPEALED and a
2 new section 131-y is added to read as follows:
3 § 131-y. Assistance for guide dogs, hearing dogs and service dogs. 1.
4 It shall be the duty of the social services official to provide assist-
5 ance, in accordance with regulations of the department, to a person with
6 a disability using a guide dog, hearing dog or service dog who has been
7 determined to be eligible for or is receiving, including but not limited
8 to, federal supplemental security income benefits, supplemental nutri-
9 tion assistance program benefits, medical assistance for needy persons
10 and/or additional state payments under this chapter, for the purchase of
11 food and the cost of veterinarian expenses for such dog.
12 2. Such regulations of the department shall fix an amount of not less
13 than fifty dollars a month, and the method and frequency of distribution
14 and procedures for the determination and periodical redetermination of
15 eligibility for such assistance.
16 3. Such assistance shall not be granted to any person for whom earned
17 income has been exempted for such purpose pursuant to federal law or
18 regulation.
19 4. The full amount properly expended by social services districts
20 under this section, including costs of administration, shall be reim-
21 bursed by the state.
22 5. For purposes of this section, "service dog" shall mean any dog,
23 regardless of certification, under the control of the person using or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00759-01-3
A. 5499 2
1 training it and that has been or is being individually trained to do
2 work or perform tasks for the benefit of a person with a disability.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law.