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S763Senate2017-2018 Session

Increase Allowance for Disabled Residents

Official title

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

Sponsor Betty LittleSD-45+7 co-sponsorsAffects Health
Status
In Senate Committee
Social Services
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Social Services

What's happening

This bill raises the monthly state payments for individuals receiving enhanced residential care and provides for annual increases tied to federal SSI cost-of-living adjustments.

Why it matters

  1. Provides a meaningful financial boost for vulnerable populations. By increasing monthly payments for individuals in enhanced residential care, the bill aims to better cover the actual costs of care and daily living for elderly, blind, and disabled residents, many of whom have limited other income sources.

  2. Links state support to federal cost-of-living adjustments. By tying future annual increases to the federal SSI cost-of-living adjustment, the bill helps ensure that payments keep pace with inflation, reducing the risk that residents' purchasing power will erode over time.

  3. Could help stabilize care provider operations. Higher and more predictable payments may help residential care facilities better manage their budgets, retain staff, and improve quality of care, potentially reducing turnover and disruptions for residents.

  4. Addresses equity for couples. By setting the payment for couples at exactly twice the individual amount, the bill avoids a "marriage penalty" and ensures couples receive fair support relative to single individuals.

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Who cares

  • Individuals receiving enhanced residential care

    The bill would raise their minimum monthly personal allowance from $194 to $229 beginning April 1, 2018.

  • Eligible aged, blind and disabled individuals and couples receiving enhanced residential care

    The bill would raise the monthly payment amount from $1,429 to $1,688 for individuals beginning April 1, 2018, with couples receiving twice the individual amount.

  • Administrators of additional state payments

    The bill would require annual increases in the enhanced residential care state payment portion matching the percentage of qualifying federal Supplemental Security Income cost-of-living adjustments, rounded to the nearest dollar.

Headline styles

Increase Allowance for Disabled Residents

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Betty Little

Senator · Senate District 45

Chair, Housing, Construction And Community Development

History

  1. Print number 763a
  2. Amend and recommit to social services
  3. Referred to social services
  4. Referred to social services

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

763--A

2017-2018 Regular Sessions

IN SENATE

January 4, 2017

Introduced by Sens. LITTLE, AKSHAR, DeFRANCISCO, MURPHY, RITCHIE, ROBACH, SEWARD, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (c) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part P of chapter 56 of the laws of 2017, is amended to read as follows:

(c) (1) in the case of each individual receiving enhanced residential care, an amount equal to at least $194.00 for each month beginning on or after January first, two thousand seventeen.

(2) in the case of each individual receiving enhanced residential care, an amount equal to at least $229.00 for each month beginning on or after April first, two thousand eighteen.

§ 2. Paragraphs (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part P of chapter 56 of the laws of 2017, are amended to read as follows:

(e) (i) (1) On and after January first, two thousand seventeen, for an eligible individual receiving enhanced residential care, $1,429.00; and [(ii)] (2) for an eligible couple receiving enhanced residential care, two times the amount set forth in [subparagraph (i)] clause one of this [paragraph] subparagraph.

(ii) (1) On and after April first, two thousand eighteen, for an eligible individual receiving enhanced residential care, $1,688.00; and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00485-02-8

S. 763--A 2

(2) for an eligible couple receiving enhanced residential care, two times the amount set forth in clause one of this subparagraph.

(f) (i) The amounts set forth in paragraphs (a) through (e) of this subdivision shall be increased to reflect any increases in federal supplemental security income benefits for individuals or couples which become effective on or after January first, two thousand eighteen but prior to June thirtieth, two thousand eighteen.

(ii) In addition to the amounts provided in subparagraph (i) of this paragraph, on and after April first, two thousand eighteen, the additional state payment portion of the amounts set forth in paragraph (e) of this subdivision shall be annually increased by the same percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, but prior to June thirtieth, of each calendar year, rounded to the nearest whole dollar.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

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

Summary of provisions

Section 1 amends Social Services Law section 209(2) to: (1) increase the state share of supplemental security income (SSI) benefits by $174 per month beginning in April 1, 2018; 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.

Read the full memo (611 words)

Section 2 amends paragraphs e and f of subdivision 2 of section 209 of the social services law, as amended by section 2 of part P of chapter 56 of the laws of 2018.

Section 3 provides for an immediate effective date.

Existing law

Social Services Law section 209 currently provides for a total SSI bene- fit of $1,429 per month to low-income individuals residing in adult care facilities. Social Services Law section 131-0 currently provides for a personal needs allowance of $194 per month for such individuals.

The personal needs allowance of $194 per month is deducted from the $1,429 per month SSI benefit and set aside for resident to use on personal needs, leaving approximately $1,234 per month - or approximate- ly $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.

Legislative history

2015-16: S .5151-A Reported to Finance; A.7393-B Referred to Social Services

Fiscal implications

No fiscal impact in State fiscal year 2016-17. Beginning in State fiscal year 2017-18, the estimated fiscal impact is approximately $25 to $30 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, 2018.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.