S T A T E   O F   N E W   Y O R K
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                                  3923

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2011
                               ___________

Introduced  by M. of A. CROUCH, 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  TWELVE  AND
RECALCULATED EVERY JANUARY FIRST THEREAFTER.  Notwithstanding any incon-
sistent  provision  of subparagraph (ii) of paragraph (d) of subdivision
one of this section, on or after January first, nineteen hundred  eight-
y-eight,  a resident of an intermediate care facility operated or issued
an operating certificate by the office of mental retardation and  devel-
opmental  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.
                                                           LBD04751-01-1
              

A. 3923                             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  TWELVE
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 TWELVE AND RECALCULATED EVERY JANUARY  FIRST  THERE-
AFTER.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.