Bill S2464-2011

Relates to the personal expense allowance for residents of residential health care facilities receiving or eligible to receive supplemental security income payments

Increases the personal expense allowance for residents of residential health care facilities receiving or eligible to receive supplemental security income payments and/or additional state payments.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 21, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S2464

TITLE OF BILL: An act to amend the social services law, in relation to the personal expense allowance for residents of residential health care facilities receiving or eligible to receive supplemental security income payments and/or additional state payments

PURPOSE: To increase the personal needs allowance of certain residents of residential health care facilities, to one hundred dollars per month.

SUMMARY OF PROVISIONS: Amends Subdivision 2 of Section 366 of the Social Services Law, to increase the personal expense allowance of residents of residential care facilities, from fifty-five to one hundred dollars. Amends Item (A) of Clause (ii) to increase personal expenses of a resident of a residential health care facility from fifty to one hundred dollars. Amends Item (A) of Clause (iii) to increase the maximum amount of personal needs allowance for a veteran beneficiary from ninety to one hundred dollars.

JUSTIFICATION: The people at whom the increased allowance is aimed are senior citizens who reside in skilled nursing facilities, some of whom depend solely on Social Security and SSI or other forms of assistance. All of them are on fixed incomes that depend on this allowance to pay for everything from their clothing, toiletries and laundry supplies to the few luxuries they can allow themselves, such as cable television, which currently costs more than half of their monthly share.

The last increase in the personal needs allowance was in 1981. Since that time, recipients have seen a drastic decrease in the real dollar value of their allowance. The personal needs allowance is an important quality of life issue for these residents.

While 881 is a federal program, the personal needs allowance comes from State funds. None of the 881 cost of living adjustments of the past 19 years have applied to this allowance.

LEGISLATIVE HISTORY: 2003: S.232 - REFERRED TO SOCIAL SERVICES 2004: S.232 - REFERRED TO SOCIAL SERVICES 2005: S.2608 - REFERRED TO SOCIAL SERVICES 2006: S.2608 - REFERRED TO SOCIAL SERVICES 2007: S.3083 - REFERRED TO SOCIAL SERVICES 2008: S.3083 - REFERRED TO SOCIAL SERVICES 2009: S.4279 - REFERRED TO SOCIAL SERVICES 2010: S.4279 - REFERRED TO SOCIAL SERVICES

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: The first of April after it has become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2464 2011-2012 Regular Sessions IN SENATE January 21, 2011 ___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the social services law, in relation to the personal expense allowance for residents of residential health care facilities receiving or eligible to receive supplemental security income payments and/or additional state payments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Item (A) of clause (i), item (A) of clause (ii), and clause (iii) of subparagraph 10 of paragraph (a) of subdivision 2 of section 366 of the social services law, item (A) of clause (i) as added by chap- ter 705 of the laws of 1988, item (A) of clause (ii) as amended by chap- ter 855 of the laws of 1990, and clause (iii) as amended by chapter 170 of the laws of 1994, are amended to read 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-five] ONE HUNDRED dollars per month; (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] ONE HUNDRED dollars per month; (iii) Notwithstanding the provisions of clauses (i) and (ii) of this subparagraph, the personal needs allowance for a person who is a veteran having neither a spouse nor a child, or a surviving spouse of a veteran having no child, who receives a reduced pension from the federal veter- ans administration, and who is a resident of a nursing facility, as defined in section 1919 of the federal social security act, shall be equal to such reduced monthly pension but shall not exceed [ninety] ONE HUNDRED dollars per month. S 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.

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