NY State Senate Bill 2019-S4042A

Senate Bill S4042A

2019-2020 Legislative Session

Relates to increasing the enhanced residential care benefit for aged, blind and disabled persons

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to social services
Apr 12, 2019	print number 4042a
Apr 12, 2019	amend (t) and recommit to social services
Feb 26, 2019	referred to social services

Bill Amendments

Original

A (Active)

2019-S4042 - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §209, Soc Serv L

2019-S4042 - Summary

Relates to increasing the enhanced residential care benefit for aged, blind and disabled persons by increasing the rate of the social security income payment for eligible individuals receiving enhanced residential care; provides for a $4.00 per day increase on each of the following five dates: July 1, 2019; April 1, 2020; April 1, 2021

2019-S4042 - Sponsor Memo

                                
 
BILL NUMBER: S4042

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the social services law, in relation
to increasing the standards of monthly need for aged, blind and disabled
persons living in the community

 
PURPOSE:

To increase the Social Security Income Rate adult care facilities
receive in order to ensure that these services continue to be available
to low income SSI recipients

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 209 of the social services law to
increase the rate of SSI payment for eligible individuals receiving
enhanced residential care by $4.00 per day beginning July 1, 2019, $4.00
a day beginning April 1, 2020, $4.00 per day beginning April 1, 2021,
$4.00 per day beginning April 1, 2022 and $4.00 per day beginning April
1, 2023. For a total increase of $20.00 over five years.

Section 2 of the bill provides an effective date.

 
JUSTIFICATION:

Many low income elderly and disabled individuals in New York live in
adult care facilities (ACFs) which are paid through SSI. In New York,
ACFs play a vital role in caring for seniors and persons with disabili-
ties who do not require constant care, but nevertheless are unable to
live on their own. Without ACFs, these residents would be forced into
institutional settings, even though they maintain the independence and
direction of action necessary to remain in the community. ACFs provide
such residents with room, board, housekeeping and personal care services
in a low-cost environment that respects their independence.

In the last twenty-five years ACFs have had one rate increase which
brought them to the current $42.00 per day. There has been no State COLA
during this period and costs to these facilities of providing housing,
care and services have continued to go up. For example, since the last
rate increase in 2007, health insurance costs have gone up 42% and work-
er's compensation costs are up 13%. The passage of $15 minimum wage in
2016 has put further downward pressure on these vital providers.

The stagnant rate, coupled with rising costs has resulted in closures of
SSI facilities. For every displaced SSI recipient who ends up in a nurs-
ing home, the daily cost of housing and care raises from $42/day to
$150-$250/day in Medicaid costs depending upon the area of the state. In
the past eighteen months 15 facilities have voluntarily closed because
they are unable to remain in operation. These closures are hard on indi-
viduals who lose their homes and owners who lose their businesses, but
they are also costly for the state. One leading upstate provider recent-
ly closed three facilities over an 8 month period resulting in 88 low
income SSI recipients having to move to other settings.

As minimum wage continues to be phased in, costs to these facilities
will continue to rise and more will be forced to close. By providing
incremental increases in the daily rate to these facilities over a five
year period, this legislation will help keep adult care facilities oper-
ational, low income seniors in the community, and avoid higher Medicaid
costs which result when residents are displaced.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Savings to the state as low income elderly and disabled individuals are
maintained in lower cost care settings which do not rely on Medicaid
funding.

 
EFFECTIVE DATE:
July 1, 2019

2019-S4042 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4042
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  increasing  the
   standards  of monthly need for aged, blind and disabled persons living
   in the community

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2 of section 209 of the social
 services  law,  as  amended by section 2 of part YY of chapter 59 of the
 laws of 2018, is amended to read as follows:
   (e) (i) [On and after] (1) FROM January first, two  thousand  eighteen
 TO JULY FIRST, TWO THOUSAND NINETEEN, for an eligible individual receiv-
 ing enhanced residential care, $1,444.00; and [(ii)] (2) for an eligible
 couple  receiving  enhanced  residential  care, two times the amount set
 forth in CLAUSE ONE OF THIS subparagraph [(i) of this paragraph].
   (II) (1) FROM JULY FIRST, TWO THOUSAND NINETEEN TO MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY, FOR AN ELIGIBLE INDIVIDUAL RECEIVING ENHANCED RESI-
 DENTIAL CARE, $1,564.00;  AND  (2)  FOR  AN  ELIGIBLE  COUPLE  RECEIVING
 ENHANCED  RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE ONE
 OF THIS SUBPARAGRAPH.
   (III) (1) FROM APRIL FIRST, TWO THOUSAND TWENTY TO MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY-ONE, FOR AN ELIGIBLE INDIVIDUAL  RECEIVING  ENHANCED
 RESIDENTIAL  CARE,  $1,684.00;  AND (2) FOR AN ELIGIBLE COUPLE RECEIVING
 ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE  ONE
 OF THIS SUBPARAGRAPH.
   (IV)  (1)  FROM  APRIL FIRST, TWO THOUSAND TWENTY-ONE TO MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO, FOR  AN  ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED  RESIDENTIAL  CARE,  $1,804.00;  AND (2) FOR AN ELIGIBLE COUPLE
 RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET  FORTH  IN
 CLAUSE ONE OF THIS SUBPARAGRAPH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09423-01-9

 S. 4042                             2
 
   (V)  (1)  FROM  APRIL  FIRST, TWO THOUSAND TWENTY-TWO TO MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE, FOR AN ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED  RESIDENTIAL  CARE,  $1,924.00;  AND (2) FOR AN ELIGIBLE COUPLE
 RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET  FORTH  IN
 CLAUSE ONE OF THIS SUBPARAGRAPH.
   (VI)  (1) FROM APRIL FIRST, TWO THOUSAND TWENTY-THREE TO MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-FOUR, FOR AN  ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED  RESIDENTIAL  CARE,  $2,044.00;  AND (2) FOR AN ELIGIBLE COUPLE
 RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET  FORTH  IN
 CLAUSE ONE OF THIS SUBPARAGRAPH.
   § 2. This act shall take effect July 1, 2019.

2019-S4042A (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §209, Soc Serv L

2019-S4042A (ACTIVE) - Summary

2019-S4042A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4042A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the social services law, in relation
to increasing the enhanced residential care benefit for aged, blind and
disabled persons

 
PURPOSE:

To increase the Social Security Income Rate adult care facilities
receive in order to ensure that these services continue to be available
to low income SSI recipients

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 209 of the social services law to
increase the rate of SST payment for eligible individuals receiving
enhanced residential care by $4.00 per day beginning July 1, 2019, $4.00
a day beginning April 1, 2020, $4.00 per day beginning April 1, 2021,
$4.00 per day beginning April 1, 2022 and $4.00 per day beginning April
1, 2023. For a total increase of $20.00 over five years.

Section 2 of the bill provides an effective date.

 
JUSTIFICATION:

Many low income elderly and disabled individuals in New York live in
adult care facilities (ACFs) which are paid through SSI. In New York,
ACFs play a vital role in caring for seniors and persons with disabili-
ties who do not require constant care, but nevertheless are unable to
live on their own. Without ACFs, these residents would be forced into
institutional settings, even though they maintain the independence and
direction of action necessary to remain in the community. ACFs provide
such residents with room, board, housekeeping and personal care services
in a low-cost environment that respects their independence.

In the last twenty-five years ACFs have had one rate increase which
brought them to the current $42.00 per day. There has been no State COLA
during this period and costs to these facilities of providing housing,
care and services have continued to go up. For example, since the last
rate increase in 2007, health insurance costs have gone up 42% and work-
er's compensation costs are up 13%. The passage of $15 minimum wage in
2016 has put further downward pressure on these vital providers.

The stagnant rate, coupled with rising costs has resulted in closures of
SSI facilities. For every displaced SSI recipient who ends u p in a
nursing home, the daily cost of housing and care raises from $42/day to
$150-$250/day in Medicaid costs depending upon the area of the state. In
the past eighteen months 15 facilities have voluntarily closed because
they are unable to remain in operation. These closures are hard on indi-
viduals who lose their homes and owners who lose their businesses, but
they are also costly for the state. One leading upstate provider recent-
ly closed three facilities over an 8 month period resulting in 88 low
income SSI recipients having to move to other settings.

As minimum wage continues to be phased in, costs to these facilities
will continue to rise and more will be forced to close. By providing
incremental increases in the daily rate to these facilities over a five
year period, this legislation will help keep adult care facilities oper-
ational, low income seniors in the community, and avoid higher Medicaid
costs which result when residents are displaced.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Savings to the state as, low income elderly and disabled individuals are
maintained in lower cost care settings which do not rely on Medicaid
funding.

 
EFFECTIVE DATE:
July 1, 2019

2019-S4042A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4042--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- 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 increasing the
   enhanced residential care benefit for aged, blind and disabled persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2 of section 209 of the social
 services  law,  as  amended by section 2 of part YY of chapter 59 of the
 laws of 2018, is amended to read as follows:
   (e) (i) [On and after] (1) FROM January first, two  thousand  eighteen
 TO  JUNE  THIRTIETH,  TWO  THOUSAND NINETEEN, for an eligible individual
 receiving enhanced residential care, [$1,444.00] $1,465.00;  and  [(ii)]
 (2)  for  an  eligible  couple  receiving enhanced residential care, two
 times the amount set forth in CLAUSE ONE OF THIS  subparagraph  [(i)  of
 this paragraph].
   (II) (1) FROM JULY FIRST, TWO THOUSAND NINETEEN TO MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY, FOR AN ELIGIBLE INDIVIDUAL RECEIVING ENHANCED RESI-
 DENTIAL  CARE,  $1,585.00;  AND  (2)  FOR  AN  ELIGIBLE COUPLE RECEIVING
 ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE  ONE
 OF THIS SUBPARAGRAPH.
   (III) (1) FROM APRIL FIRST, TWO THOUSAND TWENTY TO MARCH THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-ONE, FOR AN ELIGIBLE INDIVIDUAL RECEIVING ENHANCED
 RESIDENTIAL CARE, $1,705.00; AND (2) FOR AN  ELIGIBLE  COUPLE  RECEIVING
 ENHANCED  RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE ONE
 OF THIS SUBPARAGRAPH.
   (IV) (1) FROM APRIL FIRST, TWO THOUSAND TWENTY-ONE  TO  MARCH  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-TWO,  FOR AN ELIGIBLE INDIVIDUAL RECEIVING
 ENHANCED RESIDENTIAL CARE, $1,825.00; AND (2)  FOR  AN  ELIGIBLE  COUPLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09423-02-9

 S. 4042--A                          2
 
 RECEIVING  ENHANCED  RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN
 CLAUSE ONE OF THIS SUBPARAGRAPH.
   (V)  (1)  FROM  APRIL  FIRST, TWO THOUSAND TWENTY-TWO TO MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE, FOR AN ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED  RESIDENTIAL  CARE,  $1,945.00;  AND (2) FOR AN ELIGIBLE COUPLE
 RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET  FORTH  IN
 CLAUSE ONE OF THIS SUBPARAGRAPH.
   (VI)  (1) FROM APRIL FIRST, TWO THOUSAND TWENTY-THREE TO MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-FOUR, FOR AN  ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED  RESIDENTIAL  CARE,  $2,065.00;  AND (2) FOR AN ELIGIBLE COUPLE
 RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET  FORTH  IN
 CLAUSE ONE OF THIS SUBPARAGRAPH.
   § 2. This act shall take effect July 1, 2019.

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