Assembly Bill A2048

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2048
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, SIMON, SHRESTHA, BENDETT -- read once
   and referred to the Committee 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 amended by section 3 of part
 AAA of chapter 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] TWO  HUNDRED  dollars  per
 month, PROVIDED FURTHER THAT SUCH AMOUNT BE SUBJECT TO AN ANNUAL ADJUST-
 MENT  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-SIX 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03850-02-5
              

 A. 2048                             2
 
 public  health law, the amount of [fifty] TWO HUNDRED dollars per month,
 PROVIDED FURTHER 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-SIX 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  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] 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
 veterans 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
 dollars per month] PLUS THE AMOUNTS STATED IN THE PROVISIONS OF  CLAUSES
 (I) AND (II) OF THIS SUBPARAGRAPH.
   §  2.  Subdivision  2-a  of section 209 of the social services law, as
 amended by chapter 672 of the laws  of  2019,  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 dollars a month[.], PROVIDED HOWEVER, THAT ON  OR  AFTER  IN
 THE AMOUNT OF ONE HUNDRED SEVENTY DOLLARS A MONTH; PROVIDED FURTHER 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-SIX AND RECALCULATED  EVERY  JANUARY  FIRST  THEREAFTER.
 Notwithstanding any inconsistent provision of subparagraph (ii) of para-
 graph (d) of subdivision one of this section, on or after January first,
 nineteen hundred eighty-eight, a resident of an intermediate care facil-
 ity operated or issued an operating certificate by the office for people
 with  developmental  disabilities 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] FIFTY-NINE dollars a month. The department  is  authorized  to
 promulgate  necessary regulations to provide for the time and manner for
 payment of such personal allowance to such individuals.
   § 3. This act shall take effect January 1, 2026 and shall apply to all
 benefits and allowances issued on and after such date.