S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2232--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A. CROUCH, BLANKENBUSH, BRINDISI, GIGLIO, JENNE,
   MURRAY, RA -- Multi-Sponsored by -- M. of A.  FINCH,  LUPARDO,  MAGEE,
   PALMESANO  --  read  once  and  referred  to  the  Committee on Social
   Services -- recommitted to the Committee on Social Services in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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 TWENTY AND RECALCULATED EVERY JANUARY FIRST
 THEREAFTER.  Notwithstanding any inconsistent provision of  subparagraph
 (ii)  of  paragraph  (d) of subdivision one of this section, on or after
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04642-05-8

 A. 2232--A                          2
 
 January first, nineteen hundred eighty-eight, a resident of an  interme-
 diate  care  facility operated or issued an operating certificate by the
 office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
 bilities  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.
   § 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 TWENTY 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 TWENTY AND
 RECALCULATED EVERY JANUARY FIRST THEREAFTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.