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

                                  4046

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. CROUCH, TOWNSEND, GIGLIO -- Multi-Sponsored by --
  M.  of A. FINCH, SAYWARD -- read once and referred to the Committee on
  Social Services

AN ACT to amend the social services law, in relation to  personal  needs
  allowances

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

  Section 1. Subdivision 2-a of section 209 of the social services  law,
as  amended  by  chapter  450 of the laws of 1987, 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]  FORTY-FIVE  dollars  a  month; PROVIDED FURTHER THAT SUCH
FORTY-FIVE DOLLAR AMOUNT BE SUBJECT TO AN ANNUAL THREE PERCENT  COST  OF
LIVING  ADJUSTMENT COMMENCING JANUARY FIRST, TWO THOUSAND TEN AND RECAL-
CULATED EVERY JANUARY FIRST THEREAFTER.  Notwithstanding any  inconsist-
ent  provision  of subparagraph (ii) of paragraph (d) of subdivision one
of this section, on or after January  first,  nineteen  hundred  eighty-
eight, a resident of an intermediate care facility operated or issued an
operating  certificate  by the office of mental retardation and develop-
mental 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 supple-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06913-01-9
              

A. 4046                             2

mental security income payments and/or additional state  payments  shall
receive a state payment for personal needs in the amount of five dollars
a  month.  The  department  is  authorized to promulgate necessary regu-
lations  to provide for the time and manner for payment of such personal
allowance to such individuals.
  S 2. Clause (ii) of subparagraph 10 of paragraph (a) of subdivision  2
of  section 366 of the social services law, as amended by chapter 855 of
the laws of 1990, is amended to read as follows:
  (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] SEVENTY-FIVE dollars per month,
PROVIDED HOWEVER, THAT SUCH AMOUNT BE SUBJECT TO AN ANNUAL THREE PERCENT
COST OF LIVING ADJUSTMENT COMMENCING JANUARY FIRST, TWO THOUSAND TEN 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 of mental retardation and
developmental 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 dollars per month;
  (C) FOR THE PERSONAL EXPENSES OF A RESIDENTIAL PROGRAM FOR VICTIMS  OF
DOMESTIC  VIOLENCE IN WHICH THREE MEALS PER DAY ARE PROVIDED, THE AMOUNT
OF SEVENTY-FIVE DOLLARS, PROVIDED HOWEVER THAT SUCH AMOUNT BE SUBJECT TO
AN ANNUAL THREE PERCENT COST OF  LIVING  ADJUSTMENT  COMMENCING  JANUARY
FIRST, TWO THOUSAND TEN AND RECALCULATED EVERY JANUARY FIRST THEREAFTER.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.