NY Ment Hygiene L § 33.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 33 - Rights of Patients 33.07 - Care and Custody of the Personal Property of Persons Receiving Services.

§ 33.07 * Care and custody of the personal property of persons receiving             services.   * NB Effective until June 30, 2024   * Care and custody of the personal property of patients.   * NB Effective June 30, 2024  (a) A patient's right to retain his personal belongings upon admission to  a  facility  shall  be  respected.  The  director,  subject  to  the regulations of the commissioner,  may  take  temporary  custody  of  the patient's  personal  property  upon  the person of the patient. Personal property which is retained for the patient's protection  shall  be  used for  the  support  and  benefit  of  the  patient  if  deemed desirable. Otherwise, it is to be conserved  for  his  benefit.  If  a  patient  is transferred  to  another  facility,  his  personal  belongings  shall be transferred with him. Gifts received by a patient in a facility shall be handled in the same manner.  (b) The director of a department facility shall have the power to take temporary and immediate custody of the personal property  of  a  patient which  is  in  the  possession  of  other  persons upon giving a receipt therefor to the person having possession thereof.  (c) Any interest on money received and held for a patient shall be the property of the individual patient and shall not accrue for the  general welfare of all patients in a facility.   * (e) A mental hygiene facility director who is a representative payee for   a   person   pursuant   to  designation  by  the  social  security administration or  other  federal  agency  and  who  assumes  management responsibility  over  the  funds  of such person, including benefits for which there is a state share, shall maintain such funds in  a  fiduciary capacity  to  the person; provided that the application of such funds to the cost of care and treatment of such  person  shall  not,  in  and  of itself,  be  a  violation  of such fiduciary obligation if such director acts in accordance with federal law and regulations.  The  commissioners of   mental  health,  developmental  disabilities,  and  alcoholism  and substance abuse services  shall  promulgate  regulations  regarding  the management  and  protection  of such funds in collaboration with persons receiving  services,  advocacy  groups  representing  persons  receiving services and families of such persons, and mental hygiene legal service. Such  regulations  shall  include,  but  not  be  limited to, the use of Medicaid exception trusts, including special  needs  trusts  or  similar devices,  notice requirements to qualified persons as defined by section 33.16 of this article regarding the intent of the facility  director  to apply  to  be  the  person's  representative  payee, and the appropriate establishment and maintenance of a discharge account for future needs.   In the event that a director of a department facility receives a  lump sum  retroactive  payment  of  a federal or state benefit on behalf of a person in the  director's  capacity  as  representative  payee  and  the receipt  of  such  funds  would, in combination with other funds held on behalf of  such  person,  make  the  person  ineligible  for  government benefits,  such  director shall, to the extent permissible by law, apply the funds in excess of the appropriate eligibility level to the person's personal needs or seek to place such  excess  funds  into  a  qualifying Medicaid  exception  trust,  including a special needs trust, or similar device; provided, however, that, for purposes of this section, the  term "lump  sum  retroactive  payment"  shall  not  apply to any payment that exceeds the expected monthly recurring amount where such excess  is  due to a delay in processing an application, changing a representative payee or  similar  administrative delay. The director of a department facility shall ensure that the  treatment  team  meet  with,  and  determine  the current and future personal needs of, the person receiving services. For  purposes  of  this  section, a treatment team is one that is responsible for the following, including but not limited to,  clinical  assessments, treatment  plan  development,  any  necessary  discharge  planning,  and personal expenditure planning.   * NB Effective until June 30, 2024   * (e)  A mental hygiene facility which is a representative payee for a patient pursuant to designation by the social security administration or which assumes management responsibility over the  funds  of  a  patient, shall  maintain  such  funds in a fiduciary capacity to the patient. The commissioners of mental  health  and  developmental  disabilities  shall develop standards regarding the management of patient funds.   * NB Effective June 30, 2024   * (f)  The commissioners of mental health, developmental disabilities, and alcoholism and substance abuse services shall post on  the  offices' respective  websites, in a prominent location, the applicable standards, regulations and/or policies established pursuant to this section.   * NB Repealed June 30, 2024   * (g) Upon request by a person receiving services  from  a  department facility,  his or her guardian, qualified persons, as defined by section 33.16 of this article, or other legally authorized  representative,  the director  of such facility shall, on a quarterly basis, make a statement of deposits and disbursements from the personal account  of  the  person receiving services available for review.   * NB Repealed June 30, 2024   * (h)  The  office  of  mental  health  and the office for people with developmental  disabilities  and  mental  hygiene  legal  service  shall collaboratively review, at least annually, the management of funds which a  department facility director receives as a representative payee or of funds received pursuant to section 29.23 of this title. In such  review, the office of mental health and the office for people with developmental disabilities  shall  make  available  final  federal  reviews  regarding facility directors' handling  of  federal  benefits  and  other  related documents to aid the proper conduct of such review.   * NB Repealed June 30, 2024   * (i)  The  office  of  mental  health  and the office for people with developmental disabilities shall, by the fifteenth day  of  December  of each year, commencing on December fifteenth, two thousand eleven, submit and  publish  on its official website, a report to the governor, speaker of the assembly,  temporary  president  of  the  senate,  chair  of  the assembly  committee  on  mental  health,  and  the  chair  of the senate committee on mental health, detailing how persons' federal benefits  are being utilized.   * NB Repealed June 30, 2024