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A1153
ASSEMBLY, No. 1153
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Increases personal needs allowance to $100 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
]
$100.00
monthly personal needs allowance.
�
���� 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.� 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
]
$100.00
per month.�
���� 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
]
such an
amount
per month
that
, in addition to benefits received pursuant to
42 U.S.C. s.1382(e)(1)(B)
, the total monthly benefit is $100.00
.� If the
federal
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.���
The
Commissioner of Human Services shall apply for such State plan amendments or
waivers as may be necessary to implement the provisions of this act and to
continue to secure federal financial participation for State Medicaid
expenditures under the federal Medicaid program.
���� 4.���
The
Commissioner of Human Services, pursuant to the �Administrative Procedures
Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt such rules and regulations
necessary to implement the requirements pursuant to this act.
���� 5.��� This act shall take
effect immediately, except that sections 1 and 2 of this act shall be
inoperative until the Commissioner of Human Services receives any necessary
approval from the federal government for implementation.
STATEMENT
���� This bill would increase the
monthly personal needs allowance (PNA) to $100 for residents of nursing homes,
State and county psychiatric hospitals, and State developmental centers.�
Currently, the following states provide a higher PNA than New Jersey�s existing
$50 monthly amount:� Alaska, Arizona, Colorado, Connecticut, Florida, Georgia,
Indiana, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New
Hampshire, New Mexico, North Dakota, Oregon, South Dakota, Texas, and
Washington.
���� This allowance is intended for
residents to spend at their discretion on items such as telephone expenses, a
meal out with friends, cards to send to family, reading materials, or hobbies.�
The PNA provides residents the opportunity to participate in activities beyond
those provided by the facility, to remain connected with family and friends,
and to obtain basic items such as clothing and shoes.
���� According to budget language
in the FY 2022 Appropriations Act, despite existing statutory provisions, the
minimum monthly PNA provided to persons residing in nursing facilities, State
and county psychiatric hospitals, and State developmental centers, who are
eligible for Medicaid or Supplemental Security Income (SSI) benefits, is $50.�
This bill would double the PNA to $100 per month.
���� For Medicaid recipients, the
PNA is the monthly sum of money that residents may retain from their personal
income.� Any income above the allowance is applied toward the cost of their
care.
���� In the case of residents
eligible to receive SSI public assistance, a federal income supplement program
designed to help aged, blind, and disabled people with little to no income, the
federal government provides up to $30 a month for small comfort items not
provided by the facility.� The State currently supplements the federal
allowance by $20 to ensure that SSI recipients residing in nursing facilities,
State and county psychiatric hospitals, and State developmental centers receive
a total PNA per month equal to that of Medicaid recipients, or $50.� Under the
bill, absent any changes in the federal allowance, the State would be
responsible for a $70 per month supplemental payment for each SSI recipient.