S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5308
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee 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 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] 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 TWENTY-THREE 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 for people with developmental disabilities or a patient of
 a hospital operated by the office of mental health as defined in  subdi-
 vision ten of section 1.03 of the mental hygiene law who is receiving or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09149-01-1

 A. 5308                             2
 
 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 author-
 ized  to  promulgate  necessary  regulations to provide for the time and
 manner for payment of such personal allowance 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 672 of
 the laws of 2019, 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 TWENTY-THREE 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 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 TWENTY-THREE
 AND RECALCULATED EVERY JANUARY FIRST THEREAFTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.