S T A T E   O F   N E W   Y O R K
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                                   442

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. JOHN, CYMBROWITZ, MARKEY, DINOWITZ, JACOBS --
  Multi-Sponsored by -- M.  of A. AUBRY,  BRENNAN,  CAHILL,  CANESTRARI,
  CHRISTENSEN,  CLARK,  COOK,  DelMONTE,  GANTT, GLICK, GREENE, HEASTIE,
  HOOPER, McENENY, MILLMAN, ORTIZ, PAULIN, SCARBOROUGH, SWEENEY,  WRIGHT
  -- read once and referred to the Committee on Social Services

AN  ACT  to  amend  the social services law, in relation to the personal
  expense allowance for residents of residential health care  facilities
  receiving or eligible to receive supplemental security income payments
  and/or additional state payments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Item (A) of clause (i), item (A) of clause (ii), and clause
(iii) of subparagraph 10 of paragraph (a) of subdivision  2  of  section
366 of the social services law, item (A) of clause (i) as added by chap-
ter 705 of the laws of 1988, item (A) of clause (ii) as amended by chap-
ter  855 of the laws of 1990, and clause (iii) as amended by chapter 170
of the laws of 1994, are amended to read 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  dollars  per
month;
  (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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02490-01-9

A. 442                              2

equal to such reduced monthly pension but shall not exceed [ninety]  ONE
HUNDRED dollars per month.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.