A 2048: Increases personal needs allowance amounts for individuals who are deemed eligible; requires that payments be subject to an annual adjustment reflecting the latest consumer price index, all items-U.S. city average.

  
  STATE OF NEW YORK ________________________________________________________________________ 2048 2025-2026 Regular Sessions  IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. SOLAGES, SIMON, SHRESTHA, BENDETT -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to increasing personal needs allowance amounts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 10 of paragraph (a) of subdivision 2 of 2 section 366 of the social services law, as amended by section 3 of part 3 AAA of chapter 56 of the laws of 2022, is amended to read as follows: 4 (10) (i) A person who is receiving or is eligible to receive federal 5 supplemental security income payments and/or additional state payments 6 is entitled to a personal needs allowance as follows: 7 (A) for the personal expenses of a resident of a residential health 8 care facility, as defined by section twenty-eight hundred one of the 9 public health law, the amount of [fifty-five] two hundred dollars per 10 month, provided further that such amount be subject to an annual adjust- 11 ment reflecting the latest consumer price index, all items-U.S. city 12 average, published by the United States bureau of labor statistics, 13 commencing January first, two thousand twenty-six and recalculated every 14 January first thereafter; 15 (B) for the personal expenses of a resident of an intermediate care 16 facility operated or licensed by the office for people with develop- 17 mental disabilities or a patient of a hospital operated by the office of 18 mental health, as defined by subdivision ten of section 1.03 of the 19 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per 20 month. 21 (ii) A person who neither receives nor is eligible to receive federal 22 supplemental security income payments and/or additional state payments 23 is entitled to a personal needs allowance as follows: 24 (A) for the personal expenses of a resident of a residential health 25 care facility, as defined by section twenty-eight hundred one of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03850-02-5 
 A. 2048 2 1 public health law, the amount of [fifty] two hundred dollars per month, 2 provided further that such amount be subject to an annual adjustment 3 reflecting the latest consumer price index, all items-U.S. city average, 4 published by the United States bureau of labor statistics, commencing 5 January first, two thousand twenty-six and recalculated every January 6 first thereafter; 7 (B) for the personal expenses of a resident of an intermediate care 8 facility operated or licensed by the office for people with develop- 9 mental disabilities or a patient of a hospital operated by the office of 10 mental health, as defined by subdivision ten of section 1.03 of the 11 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per 12 month. 13 (iii) [Notwithstanding the provisions of clauses (i) and (ii) of this 14 subparagraph, the] The personal needs allowance for a person who is a 15 veteran having neither a spouse nor a child, or a surviving spouse of a 16 veteran having no child, who receives a reduced pension from the federal 17 veterans administration, and who is a resident of a nursing facility, as 18 defined in section 1919 of the federal social security act, shall be 19 equal to such reduced monthly pension [but shall not exceed ninety 20 dollars per month] plus the amounts stated in the provisions of clauses 21 (i) and (ii) of this subparagraph. 22 § 2. Subdivision 2-a of section 209 of the social services law, as 23 amended by chapter 672 of the laws of 2019, is amended to read as 24 follows: 25 2-a. Notwithstanding any inconsistent provision of subparagraph (ii) 26 of paragraph (d) of subdivision one of this section, an individual who 27 is receiving or is eligible to receive federal supplemental security 28 income payments and/or additional state payments and who is a resident 29 of a residential health care facility as defined by section twenty-eight 30 hundred one of the public health law, shall, in accordance with regu- 31 lations of the department, be entitled to a state payment for personal 32 needs in the amount of fifteen dollars a month, provided, however, that 33 on or after January first, nineteen hundred eighty-eight the state 34 payment for personal needs for such persons shall be in the amount of 35 twenty-five dollars a month[.], provided however, that on or after in 36 the amount of one hundred seventy dollars a month; provided further that 37 such amount be subject to an annual adjustment reflecting the latest 38 consumer price index (all items-U.S. city average), published by the 39 United States bureau of labor statistics, commencing January first, two 40 thousand twenty-six and recalculated every January first thereafter. 41 Notwithstanding any inconsistent provision of subparagraph (ii) of para- 42 graph (d) of subdivision one of this section, on or after January first, 43 nineteen hundred eighty-eight, a resident of an intermediate care facil- 44 ity operated or issued an operating certificate by the office for people 45 with developmental disabilities or a patient of a hospital operated by 46 the office of mental health as defined in subdivision ten of section 47 1.03 of the mental hygiene law who is receiving or is eligible to 48 receive supplemental security income payments and/or additional state 49 payments shall receive a state payment for personal needs in the amount 50 of [five] fifty-nine dollars a month. The department is authorized to 51 promulgate necessary regulations to provide for the time and manner for 52 payment of such personal allowance to such individuals. 53 § 3. This act shall take effect January 1, 2026 and shall apply to all 54 benefits and allowances issued on and after such date.