S T A T E   O F   N E W   Y O R K
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                                 4160--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  CROUCH, GIGLIO, BRINDISI, SALADINO, TEDISCO,
  BLANKENBUSH, RUSSELL, MURRAY -- Multi-Sponsored by -- M. of A.  FINCH,
  LUPARDO,  MAGEE,  PALMESANO -- read once and referred to the Committee
  on Corporations, Authorities and Commissions -- reference  changed  to
  the  Committee  on  Social Services -- recommitted to the Committee on
  Social Services in accordance with Assembly Rule 3, sec. 2 --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05147-05-6
              

A. 4160--A                          2

agraph (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] 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.