New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.12 - Personal allowances for Supplemental Security Income or Home Relief recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
		    resident of an adult care facility who is receiving Supplemental Security
		    Income or Home Relief benefits and who is entitled to a monthly personal
		    allowance by Social Services Law, section 131-o, or section 352.8(c)  of this Title,
		    shall be afforded the following protections:
(1) Each resident must receive a personal
		    allowance equal to the amount stipulated in subdivision (b) of this section or
		    section
		    352.8(c) 
		    of this Title.
(2) Any waiver of
		    the right of an SSI or HR recipient to a personal allowance shall be
		    void.
(3) The personal allowance
		    may be used at the discretion of the resident for personal needs not provided
		    by the operator pursuant to the law and regulations.
(4) The operator shall not demand, require or
		    contract for payment of any part of the personal allowance or any income
		    disregarded by the Social Security Administration in determining eligibility
		    for Supplemental Security Income, in satisfaction of the basic facility rate
		    for supplies and services or for any services or supplies, unless the resident
		    elects to purchase such services or supplies and the department has determined
		    that such services or supplies are not otherwise required to be provided by the
		    operator pursuant to law, regulation or agreement, and the charges for such
		    services or supplies are reasonable.
(5) Any individual who has not received or
		    been able to control his/her personal allowance to the extent and in the manner
		    required by section
		    131-o of the Social Services Law may
		    maintain an action in his own behalf for recovery of any such funds and, upon a
		    showing that the funds were intentionally withheld or misappropriated to other
		    than the intended use, for recovery of additional punitive damages in an amount
		    equal to twice the amount misappropriated or withheld.
(6) The department shall investigate any
		    suspected misappropriation or withholding of personal allowance funds, and may
		    maintain an action on behalf of any individual or group of individuals to
		    recover any funds so misappropriated or withheld, including any punitive
		    damages.
(7) In any case where the
		    operator is suspected of misappropriating a resident' personal allowance, the
		    department or its designee shall investigate and, where appropriate, take the
		    steps necessary to insure recovery of resident funds, including referral for
		    prosecution. Funds recovered in this manner shall be given to the respective
		    resident or credited to his/her personal allowance account at the earliest
		    possible date.
(8) Any person who
		    intentionally withholds, commingles, borrows or pledges the personal allowance
		    of an SSI recipient, or who demands, beneficially receives or contracts for
		    payment of all or any part of the personal allowance in satisfaction of the
		    facility rate for supplies and services, shall be guilty of a class A
		    misdemeanor.