South Carolina H 3948: Juanita Willmon Goggins

Bill Text

2025-2026 Bill 3948 Text of Previous Version (Feb. 11, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3948

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-95 SO AS TO INCREASE THE PERSONAL 
NEEDS ALLOWANCE FOR NURSING HOME RESIDENTS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 2, Chapter 7, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-7-95. (A) For purposes of this 
section, "personal needs allowance" or "PNA" means an amount per month, for 
clothing and other personal needs, that shall be deducted from a 
Medicaid-eligible person's gross income, as defined by departmental regulation, 
for purposes of determining the amount that person must pay toward the cost of 
skilled healthcare and intermediate services or intermediate care while 
residing in a nursing facility.

 (B)(1) Beginning January 1, 2025, and each 
year thereafter, the state personal needs allowance for clients being served in 
nursing homes, other medical institutions, and in residential settings, shall:

 (a) 
be adjusted for economic trends and conditions by increasing the allowance by 
the percentage cost of living adjustment for old-age, survivors, and disability 
social security benefits as published by the federal Social Security 
Administration; and

 (b) 
not exceed the maximum personal needs allowance permissible under the federal 
Social Security Act.

 (2) 
The state personal needs allowance for clients being served in nursing homes 
and other residential settings in effect on January 1, 2025, to be adjusted in 
accordance with item (1), must be at least one hundred dollars and is in 
addition to the allowance set forth in item (3).

 (3) 
The personal needs allowance described in this subsection is in addition to the 
personal needs allowance allowed by the Social Security Act, 42 U.S.C. Section 
301, et seq.

 (C) For 
individuals who reside in a nursing home as of June 1, 2024, the department 
shall disregard any PNA amounts that accrue to be an asset for the duration of 
their stay in the nursing home. The department shall submit a Medicaid state 
plan amendment for Centers for Medicare and Medicaid Services approval of this 
disregard.

 (D) The 
resident's PNA is intended to cover their personal expenses, which are not 
covered by Medicaid. A nursing home resident's personal needs allowance can be 
spent towards a variety of personal items and services, including clothing, 
shoes, vending machine snacks, specialty food, multivitamins, haircuts, 
cosmetics, toiletries, magazines, books, knitting needles and yarn, greeting 
cards, postage, cigarettes, and cell phone bills.

 (E)(1) Nursing homes may not charge and a 
resident's PNA shall not be used toward the purchase of items or services 
covered by Medicaid, including personal hygiene items, such as a toothbrush, 
toothpaste, dental floss, denture adhesive and cleaner, shampoo, bath soap, 
deodorant, moisturizing lotion, comb, razors, incontinence supplies, and 
tissues.

 (2) Nursing 
homes may not ask or require Medicaid residents to use their PNA to pay for 
food or social activities provided in accordance with the facilities' 
obligations to meet the social, emotional, and psychosocial needs of residents.

 (F) Beginning 
with Fiscal Year 2025-2026, each year the General Assembly shall appropriate in 
recurring funds sufficient amounts to pay for the increase to the personal 
needs allowance as provided in this section.

SECTION 2. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on February 11, 2025 at 12:56 PM