S T A T E O F N E W Y O R K
________________________________________________________________________
4046
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. CROUCH, TOWNSEND, GIGLIO -- Multi-Sponsored by --
M. of A. FINCH, SAYWARD -- 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 ASSEM-
BLY, 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 regu-
lations 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 THREE PERCENT COST OF
LIVING ADJUSTMENT COMMENCING JANUARY FIRST, TWO THOUSAND TEN AND RECAL-
CULATED EVERY JANUARY FIRST THEREAFTER. Notwithstanding any inconsist-
ent 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 develop-
mental disabilities or a patient of a hospital operated by the office of
mental health as defined in subdivision ten of section 1.03 of the
mental hygiene law who is receiving or is eligible to receive supple-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06913-01-9
A. 4046 2
mental 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 regu-
lations to provide for the time and manner for payment of such personal
allowance to such individuals.
S 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 THREE PERCENT
COST OF LIVING ADJUSTMENT COMMENCING JANUARY FIRST, TWO THOUSAND TEN 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
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 THREE PERCENT COST OF LIVING ADJUSTMENT COMMENCING JANUARY
FIRST, TWO THOUSAND TEN AND RECALCULATED EVERY JANUARY FIRST THEREAFTER.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.