New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 522 - Directors of Mental Hygiene Facilities As Representative Payees › Section 522.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Beneficiary means an individual who is
				receiving Social Security or other federal benefits.
(b) Discharge Account means an account
				established for the benefit of an individual to facilitate his or her discharge
				from a facility into a less restrictive environment (e.g., for a security
				deposit on an apartment or utilities, the purchase of home
				furnishings).
(c) Facility means
				"facility" as defined in Mental Hygiene Law Section 1.03(6).
(d) Facility director means the executive
				director of a State-operated psychiatric center or the executive director of a
				facility licensed by the Office of Mental Health.
(e) Fiduciary means a person or entity who is
				authorized to hold money and property in trust for another individual and who
				has a legal duty to manage and use those assets in the best interests of the
				individual.
(f) Lump sum
				retroactive benefit means a lump sum retroactive payment of a federal or state
				benefit that exceeds the expected monthly recurring amount for a reason other
				than a delay in processing an application, changing a representative payee or
				similar administrative delay.
(g)
				Medicaid exception trust means a trust that contains the assets of the
				beneficiary and meets the criteria set forth in
				42
				U.S.C. Section 1396p(d)(4)
				and N.Y. Social Services Law Section 366.2(b)(2)(iii) such that both the
				principal and income of such trust is considered exempt for purposes of
				determining the beneficiary's eligibility for Medicaid and/or Supplemental
				Security Income.
(h) Office means
				the New York State Office of Mental Health.
(i) Qualified Person means a qualified person
				as defined in Mental Hygiene Law Section 33.16.
(j) Representative payee means an individual
				or organization appointed by the Social Security Administration to receive and
				manage the Social Security or SSI benefits of another person or, for purposes
				of this regulation, any individual or organization appointed by a federal or
				state benefit program to receive and manage the benefits of another person as a
				fiduciary.
(k) Similar device means
				an individual or pooled discretionary trust, funded pursuant to an agreement
				authorized by Mental Hygiene Law Section 43.03(b) by the Office of Mental
				Health or a fiduciary holding assets for the beneficiary, which maintains the
				beneficiary's eligibility for government benefits and, upon the beneficiary's
				death, provides for the remainder interest to be paid to the State for the
				unpaid cost of care and maintenance provided by the Office during the
				beneficiary's lifetime.
(l) Social
				Security Benefits means benefits paid as retirement, survivors, and disability
				insurance pursuant to Title II of the Social Security Act.
(m) SSI Benefits means Supplemental Security
				Income (SSI) benefits paid by the Social Security Administration under Title
				XVI of the Social Security Act for aged, blind, and disabled persons with
				little or no income or resources.
(n) Treatment team means the
				interdisciplinary team comprised of clinical staff that is responsible for
				developing and implementing a treatment plan for a patient or
				resident.
(o) Windfall payment
				means a one-time payment to a patient in a facility operated by the Office,
				such as a gift, an inheritance, lottery winnings, or court-ordered judgment or
				settlement.