Senate Bill S2906A

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

                                 2906--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced by Sens. LAVALLE, BOYLE, CROCI, DeFRANCISCO, GRIFFO, NOZZOLIO
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Social Services -- recommitted to the Committee on
  Social Services in accordance with Senate Rule 6, sec. 8 --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 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 SEVENTEEN  AND  RECALCULATED  EVERY  JANUARY
FIRST THEREAFTER.  Notwithstanding any inconsistent provision of subpar-
agraph  (ii)  of paragraph (d) of subdivision one of this section, on or
after January first, nineteen hundred eighty-eight,  a  resident  of  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05147-04-6
              

S. 2906--A                          2

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
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  allow-
ance 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 ADJUSTMENT
REFLECTING THE LATEST CONSUMER PRICE INDEX (ALL ITEMS--U.S.  CITY  AVER-
AGE),  PUBLISHED  BY  THE  UNITED  STATES  BUREAU  OF  LABOR STATISTICS,
COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN 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  SEVENTEEN  AND
RECALCULATED EVERY JANUARY FIRST THEREAFTER.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.