Senate Bill S4744

                                 
BILL NUMBER: S4744

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the social services law, in relation to increasing
personal needs allowance amounts

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to increase the personal needs allowance for
a person who receives federal supplemental security income payments, who
neither receives nor is eligible to receive federal supplemental securi-
ty income payments, and 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.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of this bill would increase the personal needs allow-
ance for a person who receives federal supplemental security income
              

payments, who neither receives nor is eligible to receive federal
supplemental security income payments, and 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.

Section 3 of this bill would provide that the effective date shall take
effect January 1, 2025 and shall apply to all benefits and allowances
issued on and after such date; provided, however, 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.

 
JUSTIFICATION:

The cost of living has increased for all members of society, including
the most vulnerable, and, in particular, has affected the lives of nurs-
ing home residents. For example, a resident who neither receives nor is
eligible to receive federal supplemental security income payments and/or
additional state payments currently receives a Personal Needs Allowance
(PHA) of $50 a month. Due to an increased cost of living, $50 does not
go a long way. Personal costs like getting a haircut can easily exceed
this paltry amount.For many residents, normal life experiences like
getting a haircut makes the many indignities of nursing home life beara-
ble. This is just one example of many everyday life experiences that
those who do not live in nursing homes take for granted. There are prac-
tical costs, like purchasing quality dental adhesive, and many other
small dollar hygiene and health needs that are not satisfactorily
provided by nursing homes. Residents may need new clothing, pajamas, or
shoes, or may want to give a grandchild or child a $5 birthday gift. No,
$50 does not go a long way at all, and many residents feel hamstrung in
their efforts to live out their golden years with pride and dignity.

Per the federal Supplemental Security Act Amendments of 1972, all Medi-
caid eligible nursing home residents must receive a PNA. In amendments
to that law, per the Omnibus Budget Reconciliation Act of 1987, the
federal minimum PNA was established at $30 a month. The minimum has not
changed since then. However, the 1987 Act also allowed states to set a
higher PNA, with a maximum set at $200 a month. In 1988, the State, via
Chapter 705 of the Laws of 1988 established the PNA between $35 and $55,
depending on the circumstance of the nursing home resident. Later chap-
ters would introduce a $90 PNA for certain veterans.

Personal needs allowances are intended to provide residents with a small
but effective dollar amount each month to pay for the myriad miscella-
neous expenses that occur in day-to-day life. As such, it is imperative
that the State increase the PNA for nursing home residents. Enjoying
life with dignity is crucial in maintaining a high standard of living
and increasing positive health outcomes. An increased PNA would be the
first step in ensuring the State's aging residents are afforded such
opportunity. This bill would increase the personal needs allowance for a
person who receives federal supplemental security income payments, who
neither receives nor is eligible to receive federal supplemental securi-
ty income payments, and 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.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2025 and shall apply to all bene-
fits and allowances issued on and after such date; provided, however,
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.