NY Soc Serv L § 131-O (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 131-O - Personal Allowances Accounts.

§  131-o.  Personal  allowances accounts. 1. Each individual receiving family care, residential care or care  in  a  school  for  the  mentally retarded,  or  enhanced  residential  care as those terms are defined in section two hundred nine of this chapter, and who is receiving  benefits under  the program of additional state payments pursuant to this chapter while receiving such care, shall  be  entitled  to  a  monthly  personal allowance out of such benefits in the following amount:   * (a)  in the case of each individual receiving family care, an amount equal to at least $150.00 for each month beginning on or  after  January first, two thousand twenty.   * NB Effective until December 31, 2021   * (a)  in the case of each individual receiving family care, an amount equal to at least $152.00 for each month beginning on or  after  January first, two thousand twenty-one.   * NB Effective December 31, 2021   * (b)  in  the  case of each individual receiving residential care, an amount equal to at least $174.00 for each month beginning  on  or  after January first, two thousand twenty.   * NB Effective until December 31, 2021   * (b)  in  the  case of each individual receiving residential care, an amount equal to at least $176.00 for each month beginning  on  or  after January first, two thousand twenty-one.   * NB Effective December 31, 2021   * (c)  in  the  case of each individual receiving enhanced residential care, an amount equal to at least $207.00 for each month beginning on or after January first, two thousand twenty.   * NB Effective until December 31, 2021   * (c) in the case of each individual  receiving  enhanced  residential care, an amount equal to at least $210.00 for each month beginning on or after January first, two thousand twenty-one.   * NB Effective December 31, 2021   * (d)   for   the   period  commencing  January  first,  two  thousand twenty-one, the monthly personal needs  allowance  shall  be  an  amount equal  to  the sum of the amounts set forth in subparagraphs one and two of this paragraph:  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this subdivision; and  (2)  the  amount  in subparagraph one of this paragraph, multiplied by the percentage of any  federal  supplemental  security  income  cost  of living adjustment which becomes effective on or after January first, two thousand   twenty-one,   but  prior  to  June  thirtieth,  two  thousand twenty-one, rounded to the nearest whole dollar.   * NB Effective until December 31, 2021   * (d)  for  the  period  commencing  January   first,   two   thousand twenty-two,  the  monthly  personal  needs  allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one  and  two of this paragraph:  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this subdivision; and  (2) the amount in subparagraph one of this  paragraph,  multiplied  by the  percentage  of  any  federal  supplemental  security income cost of living adjustment which becomes effective on or after January first, two thousand  twenty-two,  but  prior  to  June  thirtieth,   two   thousand twenty-two, rounded to the nearest whole dollar.   * NB Effective December 31, 2021   2. The personal allowance described in subdivision one of this section shall  be  made  directly available to the individual for his own use in obtaining clothing, personal  hygiene  items,  and  other  supplies  and  services  for his personal use not otherwise provided by the residential facility. Any waiver  of  the  right  to  a  personal  allowance  by  an individual  entitled  to  it shall be void. The facility shall, for each such  individual, offer to establish a separate account for the personal allowance. Each individual electing to utilize such an account shall  be entitled to a statement upon request, and in any case quarterly, setting forth  the  deposits  and  withdrawals,  and  the current balance of the account. A facility shall not demand, require or contract for payment of all or any part  of  the  personal  allowance  in  satisfaction  of  the facility  rate  for  supplies  and  services  and  shall  not charge the individual or the account for any supplies or services that the facility is by law, regulation or  agreement  with  the  individual  required  to provide  or  for  any  medical supplies or services for which payment is available under medical assistance, pursuant  to  this  title,  medicare pursuant to title XVIII of the federal social security act, or any third party  coverage.  Any  service  or  supplies  provided  by the facility, charged to the individual or the account shall be provided only with the specific consent of the individual, who shall be furnished in advance of the provision of the services or supplies  with  an  itemized  statement setting  forth  the  charges  for  the  services or supplies. Whenever a resident authorizes an operator of a facility to exercise  control  over his or her personal allowance such authorization shall be in writing and subscribed  by  the  parties  to be charged. Any such money shall not be mingled with the funds or become an asset of the facility or the  person receiving  the  same,  but  shall  be  segregated  and  recorded  on the facility's financial records as independent accounts.   3. Any individual who  has  not  received  or  been  able  to  control personal  allowance  funds  to  the extent and in the manner required by this section may maintain an action in his own behalf  for  recovery  of any  such  funds,  and  upon a showing that the funds were intentionally misappropriated or withheld to other than the intended use, for recovery of additional punitive damages in an amount equal to  twice  the  amount misappropriated   or   withheld.  The  department  may  investigate  any suspected misappropriation or withholding of  personal  allowance  funds and  may  maintain  an action on behalf of any individual to recover any funds so misappropriated, including  any  punitive  damages.  Any  funds obtained  as  a  result  of  such  an  action  shall  be  disregarded in determining such individual's eligibility  for  or  amount  of  benefits available  pursuant  to this chapter, to the extent permitted by federal law and regulation.   4. Each facility subject to  the  provisions  of  this  section  shall maintain  in accordance with department regulations complete records and documentation of all transactions involving resident personal  allowance accounts, and shall make such records available to the department and to any  other  agency responsible for the inspection and supervision of the facility upon request, with respect to any individual who  is  receiving additional state payments.   5.  Any  agency  having supervisory responsibilities over any facility subject to the provisions of this section shall,  at  the  time  of  any inspection  of  such  a  facility,  inquire  into  the furnishing of and accounting for  resident  personal  allowances,  and  shall  report  any violations  or  suspected  violations of this section to the department. The department shall have  primary  responsibility  for  monitoring  the personal allowance requirements of this section; provided, however, that the department may by cooperative agreement delegate such monitoring and enforcement  functions,  in  whole  or  in  part,  with  respect  to any facility, to any other state agency having supervisory  responsibilities over such facility.    6.  At  the time an individual ceases to be a resident at the facility maintaining a resident personal allowance account  on  his  behalf,  the funds in such account shall be transferred to such individual or another appropriate  individual  or  agency for use on his behalf, in accordance with department regulations.   7. Any facility subject to the provisions of this section shall assure that any income of an individual residing therein that not considered in determining  such  individual's  eligibility  for  or amount of benefits under the program of additional state payments pursuant to title six  of article  five  of  this  chapter,  other  than unearned income paid from non-public sources for the purpose of meeting the cost, in  part  or  in whole,  of  such  person's  care  and maintenance in such a facility, is treated in the same manner as the personal allowance required to be made available to the individual pursuant to this section.   8. In any case in which a person  receives  a  payment  of  additional state  payment  benefits  for  a month other than the month in which the payment is received, the full monthly personal allowance for the  months to  which  the  payment  is  attributable shall be made available to the individual at such time as the payment has been received;  in  no  event shall the facility be found to have failed to comply with the provisions of  this  section solely by reason of having failed to make such monthly personal allowance available prior to the time such payment is  actually received.   9. In addition to any damages or civil penalties to which a person may be subject;  (a)  any  person  who  intentionally  withholds  a resident's personal allowance, or who  demands,  beneficially  receives,  or  contracts  for payment  of  all  or  any  part  of  a resident's personal allowances in satisfaction of the facility rate for supplies  and  services  shall  be guilty of a class A misdemeanor;  (b)  any  person  who commingles, borrows from or pledges any personal allowance funds required to be held  in  a  separate  account  shall  be guilty of a class A misdemeanor.