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A2691 1R
[First Reprint]
ASSEMBLY, No. 2691
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CHRISTOPHER P. DEPHILLIPS
District 40 (Bergen, Essex and Passaic)
Assemblyman AL BARLAS
District 40 (Bergen, Essex and Passaic)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblymen S.Kean, Azzariti Jr., Assemblywomen Donlon,
Peterpaul, Assemblyman Sauickie, Assemblywomen Drulis, Dunn, Assemblymen
McGuckin, Kanitra, Assemblywomen Reynolds-Jackson, Collazos-Gill, Haider,
Brennan and Quijano
SYNOPSIS
���� Increases personal needs allowance to $140 for
low-income persons residing in certain facilities.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Aging and Human Services
Committee on May 7, 2026, with amendments.
��
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
up to
a
[
$35.00
]
$140.00
monthly personal needs allowance.
�
Beginning January 1 of the next year following enactment of
P.L.��� , c.��� (C.������ ) (pending before the Legislature as this bill) and
annually thereafter, the personal needs allowance shall be increased by the
same percentage as the cost-of-living adjustment for Social Security benefits
for that year.
(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.� 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
1
[
or
]
,
1
residential health care facility
1
,
or special hospital
1
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
]
$140
per month
, provided that beginning January 1 of the next year following
enactment of P.L. , c.��� (C.��� ) (pending before
the Legislature as this bill) and annually thereafter, the minimum personal
needs allowance shall be increased by the same percentage as the cost-of-living
adjustment for Social Security benefits for that year
.
����
1
As
used in this subsection, �special hospital� means any hospital which assures
provision of comprehensive specialized diagnosis, care treatment, and
rehabilitation where applicable on an in-patient basis for one or more specific
categories of patients.
1
���� 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 equal to $140
.�
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.�
Beginning January 1 of the next year following
enactment of P.L.��� , c.��� (C.������ ) (pending before the Legislature as
this bill) and annually thereafter, and following the same breakdown of
benefits outlined in this subsection regarding the benefits received pursuant
to 42 U.S.C. s. 1382(e)(1)(B) and those additional benefits administered by the
commissioner or federal government, the total monthly benefit amount shall be
increased by the same percentage as the cost-of-living adjustment for Social
Security benefits for that year.
���� 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.