senate Bill S2464

Relates to the personal expense allowance for residents of residential health care facilities receiving or eligible to receive supplemental security income payments

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Jan / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • REFERRED TO HEALTH

Summary

Increases the personal expense allowance for residents of residential health care facilities receiving or eligible to receive supplemental security income payments and/or additional state payments.

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Bill Details

See Assembly Version of this Bill:
A7832
Versions:
S2464
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd ยง366, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4729, A442
2007-2008: A2126

Sponsor Memo

BILL NUMBER:S2464

TITLE OF BILL:
An act
to amend the social services law, in relation to the personal expense
allowance for residents of residential health care facilities receiving
or eligible to receive supplemental security income payments and/or
additional state payments

PURPOSE:
To increase the personal needs allowance of certain residents of
residential health care facilities, to one hundred dollars per month.

SUMMARY OF PROVISIONS:
Amends Subdivision 2 of Section 366 of the Social Services Law, to
increase the personal expense allowance of residents of residential
care facilities, from fifty-five to one hundred dollars. Amends Item
(A) of Clause (ii) to increase personal expenses of a resident of a
residential health care facility from fifty to one hundred dollars.
Amends Item (A) of Clause (iii) to increase the maximum amount of
personal needs allowance for a veteran beneficiary from ninety to one
hundred dollars.

JUSTIFICATION:
The people at whom the increased allowance is aimed are senior
citizens who reside in skilled nursing facilities, some of whom
depend solely on Social Security and SSI or other forms of
assistance. All of them are on fixed incomes that depend on this
allowance to pay for everything from their clothing, toiletries and
laundry supplies to the few luxuries they can allow themselves, such
as cable television, which currently costs more than half of their
monthly share.

The last increase in the personal needs allowance was in 1981. Since
that time, recipients have seen a drastic decrease in the real dollar
value of their allowance. The personal needs allowance is an
important quality of life issue for these residents.

While 881 is a federal program, the personal needs allowance comes
from State funds. None of the 881 cost of living adjustments of the
past 19 years have applied to this allowance.

LEGISLATIVE HISTORY:
2003: S.232 - REFERRED TO SOCIAL SERVICES
2004: S.232 - REFERRED TO SOCIAL SERVICES
2005: S.2608 - REFERRED TO SOCIAL SERVICES
2006: S.2608 - REFERRED TO SOCIAL SERVICES
2007: S.3083 - REFERRED TO SOCIAL SERVICES
2008: S.3083 - REFERRED TO SOCIAL SERVICES
2009: S.4279 - REFERRED TO SOCIAL SERVICES
2010: S.4279 - REFERRED TO SOCIAL SERVICES

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of April after it has become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2464

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in  relation  to  the  personal
  expense  allowance for residents of residential health care facilities
  receiving or eligible to receive supplemental security income payments
  and/or additional state payments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Item (A) of clause (i), item (A) of clause (ii), and clause
(iii)  of  subparagraph  10 of paragraph (a) of subdivision 2 of section
366 of the social services law, item (A) of clause (i) as added by chap-
ter 705 of the laws of 1988, item (A) of clause (ii) as amended by chap-
ter 855 of the laws of 1990, and clause (iii) as amended by chapter  170
of the laws of 1994, are amended to read 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-five] ONE HUNDRED dollars per
month;
  (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] ONE HUNDRED dollars per month;
  (iii) Notwithstanding the provisions of clauses (i) and (ii)  of  this
subparagraph, the personal needs allowance 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  veter-
ans  administration,  and  who  is  a resident of a nursing facility, as
defined in section 1919 of the federal social  security  act,  shall  be
equal  to such reduced monthly pension but shall not exceed [ninety] ONE
HUNDRED dollars per month.
  S 2. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07299-01-1

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