STATE OF NEW YORK ________________________________________________________________________ 7786 2023-2024 Regular Sessions IN SENATE December 6, 2023 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 added by chapter 705 of the 3 laws of 1988, clauses (i) and (ii) as amended by chapter 672 of the laws 4 of 2019, and clause (iii) as amended by chapter 170 of the laws of 1994, 5 is amended to read as follows: 6 (10) (i) A person who is receiving or is eligible to receive federal 7 supplemental security income payments and/or additional state payments 8 is entitled to a personal needs allowance as follows: 9 (A) for the personal expenses of a resident of a residential health 10 care facility, as defined by section twenty-eight hundred one of the 11 public health law, the amount of [fifty-five] one hundred forty dollars 12 per month; 13 (B) for the personal expenses of a resident of an intermediate care 14 facility operated or licensed by the office for people with develop- 15 mental disabilities or a patient of a hospital operated by the office of 16 mental health, as defined by subdivision ten of section 1.03 of the 17 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per 18 month. 19 (ii) A person who neither receives nor is eligible to receive federal 20 supplemental security income payments and/or additional state payments 21 is entitled to a personal needs allowance as follows: 22 (A) for the personal expenses of a resident of a residential health 23 care facility, as defined by section twenty-eight hundred one of the 24 public health law, the amount of [fifty] one hundred twenty-eight 25 dollars per month; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13383-01-3
S. 7786 2 1 (B) for the personal expenses of a resident of an intermediate care 2 facility operated or licensed by the office for people with develop- 3 mental disabilities or a patient of a hospital operated by the office of 4 mental health, as defined by subdivision ten of section 1.03 of the 5 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per 6 month. 7 (iii) Notwithstanding the provisions of clauses (i) and (ii) of this 8 subparagraph, the personal needs allowance for a person who is a veteran 9 having neither a spouse nor a child, or a surviving spouse of a veteran 10 having no child, who receives a reduced pension from the federal veter- 11 ans administration, and who is a resident of a nursing facility, as 12 defined in section 1919 of the federal social security act, shall be 13 equal to such reduced monthly pension but shall not exceed [ninety] one 14 hundred ninety-six dollars per month. 15 § 2. Subparagraph 10 of paragraph (a) of subdivision 2 of section 366 16 of the social services law, as amended by section 3 of part AAA of chap- 17 ter 56 of the laws of 2022, is amended to read as follows: 18 (10) (i) A person who is receiving or is eligible to receive federal 19 supplemental security income payments and/or additional state payments 20 is entitled to a personal needs allowance as follows: 21 (A) for the personal expenses of a resident of a residential health 22 care facility, as defined by section twenty-eight hundred one of the 23 public health law, the amount of [fifty-five] one hundred forty dollars 24 per month; 25 (B) for the personal expenses of a resident of an intermediate care 26 facility operated or licensed by the office for people with develop- 27 mental disabilities or a patient of a hospital operated by the office of 28 mental health, as defined by subdivision ten of section 1.03 of the 29 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per 30 month. 31 (ii) A person who neither receives nor is eligible to receive federal 32 supplemental security income payments and/or additional state payments 33 is entitled to a personal needs allowance as follows: 34 (A) for the personal expenses of a resident of a residential health 35 care facility, as defined by section twenty-eight hundred one of the 36 public health law, the amount of [fifty] one hundred twenty-eight 37 dollars per month; 38 (B) for the personal expenses of a resident of an intermediate care 39 facility operated or licensed by the office for people with develop- 40 mental disabilities or a patient of a hospital operated by the office of 41 mental health, as defined by subdivision ten of section 1.03 of the 42 mental hygiene law, the amount of [thirty-five] eighty-nine dollars per 43 month. 44 (iii) Notwithstanding the provisions of clauses (i) and (ii) of this 45 subparagraph, the personal needs allowance for a person who is a veteran 46 having neither a spouse nor a child, or a surviving spouse of a veteran 47 having no child, who receives a reduced pension from the federal veter- 48 ans administration, and who is a resident of a nursing facility, as 49 defined in section 1919 of the federal social security act, shall be 50 equal to such reduced monthly pension but shall not exceed [ninety] one 51 hundred ninety-six dollars per month. 52 § 3. This act shall take effect January 1, 2025 and shall apply to all 53 benefits and allowances issued on and after such date; provided, howev- 54 er, that section two of this act shall take effect on the same date and 55 in the same manner as section 3 of part AAA of chapter 56 of the laws of 56 2022, takes effect.