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.