S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8396
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Social Services
 
 AN ACT to amend the social  services  law,  in  relation  to  increasing
   personal needs allowance amounts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph 10  of  paragraph  (a)  of  subdivision  2  of
 section  366  of the social services law, as added by chapter 705 of the
 laws of 1988, clauses (i) and (ii) as amended by chapter 672 of the laws
 of 2019, and clause (iii) as amended by chapter 170 of the laws of 1994,
 is amended to read as follows:
   (10) (i) A person who is receiving or 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-five] ONE HUNDRED FORTY  dollars
 per month;
   (B)  for  the  personal expenses of a resident of an intermediate care
 facility operated or licensed by the office  for  people  with  develop-
 mental 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] EIGHTY-NINE dollars  per
 month.
   (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]  ONE HUNDRED TWENTY-EIGHT
 dollars per month;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13383-01-3
              

 A. 8396                             2
 
   (B) for the personal expenses of a resident of  an  intermediate  care
 facility  operated  or  licensed  by the office for people with develop-
 mental 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] EIGHTY-NINE dollars per
 month.
   (iii) Notwithstanding the provisions of clauses (i) and (ii)  of  this
 subparagraph, the personal needs allowance for a person who is a veteran
 having  neither a spouse nor a child, or a surviving spouse of a veteran
 having no child, who receives a reduced pension from the federal  veter-
 ans  administration,  and  who  is  a resident of a nursing facility, as
 defined in section 1919 of the federal social  security  act,  shall  be
 equal  to such reduced monthly pension but shall not exceed [ninety] ONE
 HUNDRED NINETY-SIX dollars per month.
   § 2. Subparagraph 10 of paragraph (a) of subdivision 2 of section  366
 of the social services law, as amended by section 3 of part AAA of chap-
 ter 56 of the laws of 2022, is amended to read as follows:
   (10)  (i)  A person who is receiving or 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-five] ONE HUNDRED FORTY dollars
 per month;
   (B) for the personal expenses of a resident of  an  intermediate  care
 facility  operated  or  licensed  by the office for people with develop-
 mental 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] EIGHTY-NINE dollars per
 month.
   (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]  ONE  HUNDRED  TWENTY-EIGHT
 dollars per month;
   (B)  for  the  personal expenses of a resident of an intermediate care
 facility operated or licensed by the office  for  people  with  develop-
 mental 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] EIGHTY-NINE dollars  per
 month.
   (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
 subparagraph, the personal needs allowance for a person who is a veteran
 having neither a spouse nor a child, or a surviving spouse of a  veteran
 having  no child, who receives a reduced pension from the federal veter-
 ans administration, and who is a resident  of  a  nursing  facility,  as
 defined  in  section  1919  of the federal social security act, shall be
 equal to such reduced monthly pension but shall not exceed [ninety]  ONE
 HUNDRED NINETY-SIX dollars per month.
   § 3. This act shall take effect January 1, 2025 and shall apply to all
 benefits  and allowances issued on and after such date; provided, howev-
 er, that section two of this act shall take effect on the same date  and
 in the same manner as section 3 of part AAA of chapter 56 of the laws of
 2022, takes effect.