Increases the amount recipients of enhanced residential care may maintain in a personal allowance account and payments to the aged, blind and disabled

11 Co-sponsors

• John A. DeFrancisco
• Hugh T. Farley
• Simcha Felder
• Rich Funke
• Martin J. Golden
• Joseph A. Griffo
• Terrence P. Murphy
• Patty Ritchie
• Susan Serino
• James L. Seward
• David J. Valesky

Title of bill

An act to amend the social services law, in relation to additional state payments to aged, blind and disabled and personal allowance accounts for individuals receiving enhanced residential care

Purpose or general idea of bill

This bill would increase the state share of supplemental security benefits and the personal needs allowances for low-income individuals residing in adult care facilities.

Summary of specific provisions

Section 1 amends Social Services Law section 209(2) to: (1) increase the state share of supplemental security income (SSI) benefits by $261 month beginning in April 1, 2016; and (2) provide for an annual cost of living adjustment (COLA) to the state share of SSI benefits by the same percentage, if any, of any federal COLA in that year.

Section 2 amends Social Services Law section 131-o to increase the personal needs allowance for low-income individuals residing in adult care facilities by $36 per month beginning April 1, 2016.

Section 3 provides for an immediate effective date.

Existing law

Social Services Law section 209 currently provides for a total SSI benefit of $1,427 per month to low-income individuals residing in adult care facilities. Social Services Law section 131-o currently provides for a personal needs allowance of $193 per month for such individuals.

The personal needs allowance of $193 per month is deducted from the $1,427 per month SSI benefit and set aside for resident to use on personal needs, leaving approximately $1,234 per month - or approximately $41 per day - to be paid to the adult care facility for housing and a wide array of care and services.

Justification

Currently, adult care facilities (ACFs) are paid only $41 per day to provide housing and a wide array of care and services to SSI residents, including three meals per day, housekeeping, activities, supervision, case management, medication assistance and hands-on personal care.

The last time the State increased its share of the SSI rate was in 2007, and the last increase before that was 17 years earlier. With one rate increase in 2 decades - and no State COLA - the SSI rate has fallen far behind the costs of providing housing, care and services. As a result, many ACFs that cater solely to this low-income SSI population have been forced to close their doors in recent years and move their residents out of their homes.

When a facility closes, a number of the SSI residents end up moving to a higher level of care at a far greater cost to the State. For example, for every displaced SSI resident who ends up in a nursing home, the daily cost of housing and caring for the State increases dramatically from $41/day to approximately $150/day to 250/day in a nursing home under Medicaid. When one facility in Upstate recently closed in December 2014, 8 of the remaining 14 SSI residents moved into higher levels of care.

A modest increase in the State share of the SSI rate - together with an annual State COLA - will help ACFs to continue providing quality care and services to SSI recipients and help avoid future facility closures.

Prior legislative history

New Bill.

Fiscal implications

Beginning in State fiscal year 2016-17, the estimated fiscal impact is approximately $38 million per year (depending on the amount of the annual COLA), which will be offset each year by Medicaid savings due to avoided nursing home placements.

Effective date

This act shall take effect immediately, but the rate increases provided therein will first occur on April 1, 2016.