2023 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  individuals  with
developmental  disabilities, 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 $175.00 for each month beginning on or  after  January
first, two thousand twenty-three.
(b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least $202.00 for each month beginning  on  or  after
January first, two thousand twenty-three.
(c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at least $241.00 for each month beginning on or
after January first, two thousand twenty-three.
(d) for the period commencing January first, two thousand twenty-four,
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-four,  but  prior  to  June  thirtieth,  two  thousand
twenty-four, rounded to the nearest whole dollar.
* NB Effective until December 31, 2024
* (a) in the case of each individual receiving family care, an  amount
equal  to  at least $181.00 for each month beginning on or after January
first, two thousand twenty-four.
(b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $208.00 for each month beginning on or after
January first, two thousand twenty-four.
(c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $249.00 for each month beginning on or
after January first, two thousand twenty-four.
(d) for the period commencing January first, two thousand twenty-five,
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-five,  but  prior  to  June  thirtieth,  two   thousand
twenty-five, rounded to the nearest whole dollar.
* NB Effective December 31, 2024
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.