A152

Sponsored by:

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblyman RALPH R. CAPUTO

District 28 (Essex)

Assemblyman THOMAS P. GIBLIN

District 34 (Essex and Passaic)

Assemblywoman VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Co-Sponsored by:

Assemblymen McKeon, Diegnan, Assemblywoman Lampitt, Assemblymen Schaer, Eustace, Danielsen and Assemblywoman Oliver

SYNOPSIS

Increases personal needs allowance to at least $50 for low-income persons residing in certain facilities.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning the personal needs allowance and amending P.L.1985, c.286 and P.L.1973, c.256.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1985, c.286 (C.30:4D-6a) is amended to read as follows:

1. Any person who is eligible for medical assistance and health services under P.L.1968, c.413 (C.30:4D-1 et seq.) and who receives medical assistance under subparagraph (4)(a) of subsection a. or under paragraph (11), (13) or (14) of subsection b. of section 6 of P.L.1968, c.413 (C.30:4D-6), who is not eligible for Supplemental Security Income benefits pursuant to 42 U.S.C. s.1382(e)(1)(B), is entitled to a [$35.00] monthly personal needs allowance of at least $50. Beginning January 1 of the year next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), the minimum personal needs allowance shall be increased annually by the Commissioner of Human Services pursuant to N.J.A.C.10:123-3.4(b).

(cf: P.L.1985, c.286, s.1)

2. Section 3 of P.L.1973, c.256 (C.44:7-87) is amended to read as follows:

3. The commissioner shall:

a. Enter into agreements with the government to secure the administration of supplementary payments by the government for such time and upon such conditions as the commissioner may in his discretion deem appropriate.

b. Promulgate, alter and amend such rules, regulations and directory orders as are necessary and proper:

(1) To implement the terms of the agreement with the government for the administration by the government of supplementary payments; and

(2) To secure social services for eligible persons, and for such other aged, blind or disabled persons as the commissioner may designate.

c. Transfer State or welfare board funds, or both, currently appropriated for this State's participation in the federal categorical assistance programs of "Old Age Assistance," R.S.44:7-3 to R.S.44:7-37; "Assistance for the Blind," P.L.1962, c.197 (C.44:7-43 to 44:7-49) and "Permanent and Total Disability Assistance," P.L.1951, c.139 (C.44:7-38 to 44:7-42) and any funds which may in the future be appropriated for the payment of supplementary payments, to the government in such amounts and at such times as the commissioner shall deem appropriate in order to provide for supplementary payments to eligible persons in this State.

d. Pay to the government such funds as are necessary to reimburse the government's expenses in collecting additional information needed for the State to make eligibility determinations for medical assistance under the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 to 30:4D-19).

e. Require welfare boards to perform such eligibility determinations as the commissioner may deem necessary for the continuation of the New Jersey Medical Assistance Program under the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.). The commissioner shall pay to the counties a reasonable amount to reimburse the welfare boards for their expenses in making such eligibility determinations.

f. (Deleted by amendment, P.L.1990, c.66.)

g. Take appropriate steps to secure maximum federal financial participation in providing assistance to eligible persons residing in residential health care facilities.

h. Ensure that any eligible person residing in a rooming or boarding house or residential health care facility has reserved to him a monthly amount, from payments received under the provisions of the act to which this act is a supplement or from any other income, as a personal needs allowance. The personal needs allowance may vary according to the type of facility in which an eligible person resides, [but in no case shall be less than $25.00 per month] as determined by the commissioner. Beginning January 1 of the year next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), the personal needs allowance shall be increased annually by the commissioner pursuant to N.J.A.C.10:123-3.4(b).

i. Ensure that any eligible person who receives medical assistance under subparagraph (4)(a) of subsection a. or under paragraph (11), (13) or (14) of subsection b. of section 6 of P.L.1968, c.413 (C.30:4D-6) receives [$10.00] at least $20 per month, in addition to benefits received pursuant to 42 U.S.C. s.1382(e)(1)(B). Beginning January 1 of the year next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), this minimum amount shall be increased annually by the commissioner pursuant to N.J.A.C.10:123-3.4(b). If the government cannot administer this [$10.00] monthly increase, the commissioner shall administer this increase and shall ensure that this increase is not considered income for Supplemental Security Income program purposes. However, if the government increases the benefit level under 42 U.S.C. s.1382(e)(1)(B), the commissioner shall allow the government to administer this increase and shall reduce its payment to an eligible recipient by an equal amount.

j. Assess welfare boards at the beginning of each fiscal year in the same proportion that the counties currently participate in the federal categorical assistance programs, in order to obtain the amount of each county's share of supplementary payments for eligible persons in this State, based upon the number of eligible persons in the county.

(cf: P.L.1991, c.466, s.1)

3. This act shall take effect on the first day of the third month next following the date of enactment, except that section 2 of this act shall be inoperative until the federal government approves the Commissioner of Human Services' administrative plan for the increase in the personal needs allowance for recipients of Supplemental Security Income benefits.

STATEMENT

This bill increases to a minimum of $50 the monthly personal needs allowance (PNA) which may be provided to persons who reside in nursing facilities, State or county psychiatric hospitals, and State developmental centers and who are eligible for Medicaid or Supplemental Security Income (SSI) benefits. The PNA is used for purchasing personal items such as clothing, grooming aids, newspapers, and other items that are not regularly provided by the facility in which the person resides.

The bill also provides for annual adjustment to be made to these amounts based on the federal cost-of-living increase. This has been the practice for persons who reside in rooming or boarding houses and residential health care facilities.

In the case of persons who receive SSI public assistance, the bill further provides that the Commissioner of Human Services is to administer the increase provided for in the bill if the federal government, which provides the $30 basic monthly allowance, cannot administer the increase. Current law provides that the commissioner is to ensure that the increase is not counted as income for the SSI recipient and thereby deducted from the person's federal payment.