§ 131-O — Personal allowances accounts

§ 131-o. Personal allowances accounts. 1. Each individual receiving\nfamily care, residential care or care in a school for individuals with\ndevelopmental disabilities, or enhanced residential care as those terms\nare defined in section two hundred nine of this chapter, and who is\nreceiving benefits under the program of additional state payments\npursuant to this chapter while receiving such care, shall be entitled to\na monthly personal allowance out of such benefits in the following\namount:\n (a) in the case of each individual receiving family care, an amount\nequal to at least $186.00 for each month beginning on or after January\nfirst, two thousand twenty-five.\n (b) in the case of each individual receiving residential care, an\namount equal to at least $213.00 for each month beginning on or after\nJanuary first, two thousand twenty-five.\n (c) in the case of each individual receiving enhanced residential\ncare, an amount equal to at least $255.00 for each month beginning on or\nafter January first, two thousand twenty-five.\n (d) for the period commencing January first, two thousand twenty-six,\nthe monthly personal needs allowance shall be an amount equal to the sum\nof the amounts set forth in subparagraphs one and two of this paragraph:\n (1) the amounts specified in paragraphs (a), (b) and (c) of this\nsubdivision; and\n (2) the amount in subparagraph one of this paragraph, multiplied by\nthe percentage of any federal supplemental security income cost of\nliving adjustment which becomes effective on or after January first, two\nthousand twenty-six, but prior to June thirtieth, two thousand\ntwenty-six, rounded to the nearest whole dollar.\n 2. The personal allowance described in subdivision one of this section\nshall be made directly available to the individual for his own use in\nobtaining clothing, personal hygiene items, and other supplies and\nservices for his personal use not otherwise provided by the residential\nfacility. Any waiver of the right to a personal allowance by an\nindividual entitled to it shall be void. The facility shall, for each\nsuch individual, offer to establish a separate account for the personal\nallowance. Each individual electing to utilize such an account shall be\nentitled to a statement upon request, and in any case quarterly, setting\nforth the deposits and withdrawals, and the current balance of the\naccount. A facility shall not demand, require or contract for payment of\nall or any part of the personal allowance in satisfaction of the\nfacility rate for supplies and services and shall not charge the\nindividual or the account for any supplies or services that the facility\nis by law, regulation or agreement with the individual required to\nprovide or for any medical supplies or services for which payment is\navailable under medical assistance, pursuant to this title, medicare\npursuant to title XVIII of the federal social security act, or any third\nparty coverage. Any service or supplies provided by the facility,\ncharged to the individual or the account shall be provided only with the\nspecific consent of the individual, who shall be furnished in advance of\nthe provision of the services or supplies with an itemized statement\nsetting forth the charges for the services or supplies. Whenever a\nresident authorizes an operator of a facility to exercise control over\nhis or her personal allowance such authorization shall be in writing and\nsubscribed by the parties to be charged. Any such money shall not be\nmingled with the funds or become an asset of the facility or the person\nreceiving the same, but shall be segregated and recorded on the\nfacility's financial records as independent accounts.\n 3. Any individual who has not received or been able to control\npersonal allowance funds to the extent and in the manner required by\nthis section may maintain an action in his own behalf for recovery of\nany such funds, and upon a showing that the funds were intentionally\nmisappropriated or withheld to other than the intended use, for recovery\nof additional punitive damages in an amount equal to twice the amount\nmisappropriated or withheld. The department may investigate any\nsuspected misappropriation or withholding of personal allowance funds\nand may maintain an action on behalf of any individual to recover any\nfunds so misappropriated, including any punitive damages. Any funds\nobtained as a result of such an action shall be disregarded in\ndetermining such individual's eligibility for or amount of benefits\navailable pursuant to this chapter, to the extent permitted by federal\nlaw and regulation.\n 4. Each facility subject to the provisions of this section shall\nmaintain in accordance with department regulations complete records and\ndocumentation of all transactions involving resident personal allowance\naccounts, and shall make such records available to the department and to\nany other agency responsible for the inspection and supervision of the\nfacility upon request, with respect to any individual who is receiving\nadditional state payments.\n 5. Any agency having supervisory responsibilities over any facility\nsubject to the provisions of this section shall, at the time of any\ninspection of such a facility, inquire into the furnishing of and\naccounting for resident personal allowances, and shall report any\nviolations or suspected violations of this section to the department.\nThe department shall have primary responsibility for monitoring the\npersonal allowance requirements of this section; provided, however, that\nthe department may by cooperative agreement delegate such monitoring and\nenforcement functions, in whole or in part, with respect to any\nfacility, to any other state agency having supervisory responsibilities\nover such facility.\n 6. At the time an individual ceases to be a resident at the facility\nmaintaining a resident personal allowance account on his behalf, the\nfunds in such account shall be transferred to such individual or another\nappropriate individual or agency for use on his behalf, in accordance\nwith department regulations.\n 7. Any facility subject to the provisions of this section shall assure\nthat any income of an individual residing therein that not considered in\ndetermining such individual's eligibility for or amount of benefits\nunder the program of additional state payments pursuant to title six of\narticle five of this chapter, other than unearned income paid from\nnon-public sources for the purpose of meeting the cost, in part or in\nwhole, of such person's care and maintenance in such a facility, is\ntreated in the same manner as the personal allowance required to be made\navailable to the individual pursuant to this section.\n 8. In any case in which a person receives a payment of additional\nstate payment benefits for a month other than the month in which the\npayment is received, the full monthly personal allowance for the months\nto which the payment is attributable shall be made available to the\nindividual at such time as the payment has been received; in no event\nshall the facility be found to have failed to comply with the provisions\nof this section solely by reason of having failed to make such monthly\npersonal allowance available prior to the time such payment is actually\nreceived.\n 9. In addition to any damages or civil penalties to which a person may\nbe subject;\n (a) any person who intentionally withholds a resident's personal\nallowance, or who demands, beneficially receives, or contracts for\npayment of all or any part of a resident's personal allowances in\nsatisfaction of the facility rate for supplies and services shall be\nguilty of a class A misdemeanor;\n (b) any person who commingles, borrows from or pledges any personal\nallowance funds required to be held in a separate account shall be\nguilty of a class A misdemeanor.\n