S T A T E O F N E W Y O R K
________________________________________________________________________
3234
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. CHRISTENSEN -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to an additional
monthly personal allowance for residents of residences for adults
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 3 of section 209 of
the social services law, paragraph (d) as amended by section 47 of part
C and paragraph (e) as amended by section 48 of part C of chapter 58 of
the laws of 2005, are amended to read as follows:
(d) "Receiving residential care" shall mean residing in a [residence
for adults or a] privately operated community residence, residential
substance abuse treatment program or community residential facility for
alcoholism, certified by the appropriate office of the department of
mental hygiene; or a residential care center for adults certified by the
office of mental health, in accordance with applicable law and regu-
lations. For the purpose of this paragraph, a person receiving care in
an intermediate care facility, certified by the department of health or
by the appropriate office of the department of mental hygiene, or
receiving respite services shall not be deemed to be receiving residen-
tial care.
(e) "Receiving enhanced residential care" shall mean residing in a
privately operated school for the mentally retarded and developmentally
disabled which is certified by the office of mental retardation and
developmental disabilities of the department of mental hygiene, in
accordance with applicable provisions of law and regulations or an adult
home, OR RESIDENCE FOR ADULTS or enriched housing program certified by
the department of health in accordance with applicable law, rules and
regulations to the extent permitted by federal law and regulations.
S 2. This act shall take effect on the first of January next succeed-
ing 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.
LBD05513-01-9