S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1767
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of A. CROUCH, BLANKENBUSH, GIGLIO, RA -- Multi-Spon-
   sored by -- M. of A.  FINCH,  LUPARDO,  PALMESANO  --  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 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-ONE 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03027-01-9

 A. 1767                             2
 
 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-ONE 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-ONE  AND
 RECALCULATED EVERY JANUARY FIRST THEREAFTER.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.