What's happening
This bill increases personal needs allowances for certain residents in care facilities and ties future increases to the consumer price index.
Why it matters
Raises the minimum monthly personal needs allowance for residents in care facilities. , which could improve their quality of life by giving them more discretionary funds for items and services not covered by Medicaid or the facility.
Ties future increases to the Consumer Price Index (CPI). This means allowances will automatically keep pace with inflation, helping to prevent the erosion of purchasing power over time for vulnerable populations.
Expands and clarifies eligibility and coverage. The bill updates language to be more inclusive (e.g., “for people with developmental disabilities”) and extends the inflation adjustment to residents of domestic violence programs, not just healthcare or mental health facilities.
May impact facility operations and state budgets. By increasing required allowances and mandating yearly adjustments, facilities and the state may need to allocate more funds, potentially affecting funding priorities and operational planning.
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Who cares
Headline styles
Increase Nursing Home Allowance
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to social services
- Referred to social services
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1767
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. CROUCH, BLANKENBUSH, GIGLIO, RA -- Multi-Sponsored by -- M. of A. FINCH, LUPARDO, PALMESANO -- read once and referred to the Committee 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 Assembly, do enact as follows:
Section 1. Subdivision 2-a of section 209 of the social services law, as amended by chapter 450 of the laws of 1987, is amended to read as follows:
2-a. Notwithstanding any inconsistent provision of subparagraph (ii) of paragraph (d) of subdivision one of this section, an individual who is receiving or is eligible to receive federal supplemental security income payments and/or additional state payments and who is a resident of a residential health care facility as defined by section twenty-eight hundred one of the public health law, shall, in accordance with regulations of the department, be entitled to a state payment for personal needs in the amount of fifteen dollars a month, provided, however, that on or after January first, nineteen hundred eighty-eight the state payment for personal needs for such persons shall be in the amount of [twenty-five] forty-five dollars a month; provided further that such forty-five dollar amount be subject to an annual adjustment reflecting the latest consumer price index (all items--U.S. city average), published by the United States bureau of labor statistics, commencing January first, two thousand twenty-one and recalculated every January first thereafter. Notwithstanding any inconsistent provision of subparagraph (ii) of paragraph (d) of subdivision one of this section, on or after January first, nineteen hundred eighty-eight, a resident of an intermediate care facility operated or issued an operating certificate by the office [of mental retardation and] for people with developmental disabilities or a patient of a hospital operated by the office of mental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03027-01-9
A. 1767 2
health as defined in subdivision ten of section 1.03 of the mental hygiene law who is receiving or is eligible to receive supplemental security income payments and/or additional state payments shall receive a state payment for personal needs in the amount of five dollars a month. The department is authorized to promulgate necessary regulations to provide for the time and manner for payment of such personal allowance to such individuals.
§ 2. Clause (ii) of subparagraph 10 of paragraph (a) of subdivision 2 of section 366 of the social services law, as amended by chapter 855 of the laws of 1990, is amended to read as follows:
(ii) A person who neither receives nor is eligible to receive federal supplemental security income payments and/or additional state payments is entitled to a personal needs allowance as follows:
(A) for the personal expenses of a resident of a residential health care facility, as defined by section twenty-eight hundred one of the public health law, the amount of [fifty] seventy-five dollars per month, provided however, that such amount be subject to an annual adjustment reflecting the latest consumer price index (all items--U.S. city average), published by the United States bureau of labor statistics, commencing January first, two thousand twenty-one and recalculated every January first thereafter;
(B) for the personal expenses of a resident of an intermediate care facility operated or licensed by the office [of mental retardation and] for people with developmental disabilities or a patient of a hospital operated by the office of mental health, as defined by subdivision ten of section 1.03 of the mental hygiene law, the amount of thirty-five dollars per month;
(C) for the personal expenses of a residential program for victims of domestic violence in which three meals per day are provided, the amount of seventy-five dollars, provided however that such amount be subject to an annual adjustment reflecting the latest consumer price index (all items--U.S. city average), published by the United States bureau of labor statistics, commencing January first, two thousand twenty-one and recalculated every January first thereafter.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.