S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2754
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sens. LAVALLE, BOYLE, CROCI, DeFRANCISCO, GALLIVAN, GOLD-
   EN, GRIFFO, LITTLE, SERINO -- read twice and ordered printed, and when
   printed to be committed 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  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  EIGHTEEN  AND RECALCULATED EVERY JANUARY
 FIRST THEREAFTER.  Notwithstanding any inconsistent provision of subpar-
 agraph (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] FOR PEOPLE WITH developmental
 disabilities or a patient of a hospital operated by the office of mental
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04642-02-7

 S. 2754                             2
 
 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 dollars a
 month. The department is authorized to promulgate necessary  regulations
 to  provide  for the time and manner for payment of such personal allow-
 ance to such individuals.
   § 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  ADJUSTMENT
 REFLECTING  THE  LATEST CONSUMER PRICE INDEX (ALL ITEMS--U.S. CITY AVER-
 AGE), PUBLISHED  BY  THE  UNITED  STATES  BUREAU  OF  LABOR  STATISTICS,
 COMMENCING  JANUARY  FIRST, TWO THOUSAND EIGHTEEN 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]
 FOR PEOPLE WITH 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  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 EIGHTEEN AND
 RECALCULATED EVERY JANUARY FIRST THEREAFTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2754--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sens. LAVALLE, BOYLE, CROCI, DeFRANCISCO, GALLIVAN, GOLD-
   EN, GRIFFO, LITTLE, SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee

 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 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  NINETEEN  AND  RECALCULATED  EVERY  JANUARY
 FIRST THEREAFTER.  Notwithstanding any inconsistent provision of subpar-
 agraph  (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04642-03-7

 S. 2754--A                          2
 
 by the office [of mental retardation and] 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 dollars a
 month. The department is authorized to promulgate necessary  regulations
 to  provide  for the time and manner for payment of such personal allow-
 ance to such individuals.
   § 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  ADJUSTMENT
 REFLECTING  THE  LATEST CONSUMER PRICE INDEX (ALL ITEMS--U.S. CITY AVER-
 AGE), PUBLISHED  BY  THE  UNITED  STATES  BUREAU  OF  LABOR  STATISTICS,
 COMMENCING  JANUARY  FIRST, TWO THOUSAND NINETEEN 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]
 FOR PEOPLE WITH 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  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 NINETEEN AND
 RECALCULATED EVERY JANUARY FIRST THEREAFTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.