NY Ment Hygiene L § 33.08 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 33 - Rights of Patients 33.08 - Personal Needs Allowance for Residents of State Psychiatric Centers and State Operated Alcoholism Facilities.

§ 33.08 Personal  needs  allowance  for  residents  of state psychiatric           centers and state operated alcoholism facilities.  (a) For the purposes of this section:   1. "countable resources" shall mean cash or other liquid assets or any real or personal property that an individual or couple  owns  and  could convert  to  cash  to  be used for his or their support and maintenance, which is not excluded under federal law or regulations to determine  the need of an individual for supplemental security income benefits.   2.  "countable income" shall mean all of a person's income, in cash or in kind, both earned and unearned, which is not excluded by federal  law or regulations in determining the need of an individual for supplemental security  income  benefits,  including  the  income  of the individual's eligible spouse, and, if the individual is a child,  certain  income  of such  individual's  parent or parents, provided however, such provisions of federal law or regulations  which  provide  a  twenty  dollar  income exclusion in each month shall not apply to this paragraph.   3.  "earned  income"  shall mean wages and earnings from employment of the  person,  including  wages  or  earnings  from  participation  in  a sheltered workshop program.   4.  "unearned  income"  shall  mean  all income of a person other than earned income.  (b) Any inpatient of a hospital  operated  by  the  office  of  mental health  or  a  state  operated  alcoholism facility shall be entitled to receive a monthly  state  payment  for  personal  needs  for  each  full calendar  month  commencing  on  or  after  the  effective  date of this section, in  which  the  patient  is  in  such  hospital  or  alcoholism facility, if such patient also:   1.  does not receive supplemental security income benefits pursuant to title sixteen of the federal social security act;   2. does not have countable resources in an amount equal to or  greater than  the amount of resources an individual may have and remain eligible for supplemental security income benefits pursuant to title  sixteen  of the federal social security act;   3.  has  countable income in a month of less than thirty-five dollars; and   4. has applied for or agrees to apply  for  any  federal,  state,  and local  benefits  for  which  such patient may be entitled, provided that someone other than the patient may apply or  agree  to  apply  for  such benefits on behalf of the patient.  (c)  The amount of such monthly state payment for personal needs shall be equal to  the  maximum  amount  of  countable  income  allowed  under paragraph  three  of  subdivision  (b)  of  this section reduced by such patient's actual countable income.  (d) The director of a hospital shall have the power to take and retain any state payment for personal needs provided pursuant to  this  section in accordance with the provisions of section 33.07 of this article.  (e)  The  commissioner  of  mental  health  is  authorized  to  obtain reimbursement for a personal needs allowance payment  made  pursuant  to this  section  for any month for which a patient subsequently receives a retroactive payment or benefit,  from  any  source.  Such  reimbursement shall not exceed the amount of the personal needs allowance payment made to the patient for such month.  (f)  The commissioner of mental health is authorized, on behalf of the state, to enter into an agreement with  the  secretary  of  the  federal department  of  health  and  human services for the purpose of obtaining reimbursement for personal needs allowance  payments  made  pursuant  to this section for any month in which a patient is subsequently determined  to be eligible to receive supplemental security income payments for such month.  (g)  For  the purposes of this section, a person who has been admitted to central  New  York  psychiatric  center  from  a  state  correctional facility  or  county  jail  pursuant  to section four hundred two of the correction law shall not be considered a patient in a hospital  operated by  the  office of mental health. Notwithstanding any other provision of this section, a person  who  has  been  admitted  to  central  New  York psychiatric  center  from a county jail pursuant to section four hundred two of the correction law shall be entitled to receive a  monthly  state payment  for personal needs in an amount equal to, and calculated in the same  manner  as,  an  incentive  allowance  which  is  provided  to  an incarcerated  individual of a state correctional institution pursuant to section two hundred of the correction law.  (h) Any patient who is qualified to receive a  monthly  state  payment for personal needs pursuant to this section shall be required to provide the  commissioner  of  mental  health  with  information relating to the amount of income  and  assets  of  such  patient.  If  the  commissioner discovers  that  assets  or  income  of  the  patient were not disclosed because of fraud or negligence, he may collect  the  difference  between the  amount  of  such payments and the amount to which the patient would otherwise have been eligible.  (i) The  commissioner  is  authorized  to  promulgate  regulations  to provide  for  the time and manner of such payments for personal needs of such patients.