§ 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no\nperson shall be eligible for any payment pursuant to this title who is\nineligible for supplemental security income for any reason other than\nhaving countable income exceeding the federal benefit rate for such\nprogram. An individual shall be eligible to receive additional state\npayments if he or she has applied for supplemental security income\nbenefits, has received a determination with respect to such application\nand:\n (i) is over sixty-five years of age, or is blind or disabled; and\n (ii) does not have countable income in an amount equal to or greater\nthan the standard of need established in subdivision two of this\nsection; and\n (iii) does not have countable resources in an amount equal to or\ngreater than the amount of resources an individual or couple may have\nand remain eligible for supplemental security income benefits pursuant\nto federal law and regulations of the department; and\n (iv) is a resident of the state and is either a citizen of the United\nStates or is not a noncitizen who is or would be ineligible for federal\nsupplemental security income benefits solely by reason of noncitizen\nstatus.\n (b) A person who is properly receiving supplemental security income\nbenefits shall be deemed to have met the eligibility criteria contained\nin subparagraphs (i), (ii) and (iii) of paragraph (a) of this\nsubdivision.\n (c) A person who, for the month of December, nineteen hundred\nseventy-three, properly received a grant of assistance under the state's\nprogram of old age assistance, assistance to the blind, aid to the\ndisabled or the combined program of aid to aged, blind and disabled\npersons, shall be deemed to have met the eligibility criteria of this\nsubdivision; provided, however, that a disabled person who did not also\nreceive such a grant for any month prior to July, nineteen hundred\nseventy-three, shall not be deemed to have met such eligibility criteria\nunder this paragraph. A person who is deemed eligible under this\nparagraph shall continue to be deemed to meet the eligibility criteria\nof this subdivision so long as he continues to be blind or disabled, as\nthe case may be, pursuant to state standards in effect for October,\nnineteen hundred seventy-two, and so long as he continues to reside in\nthe state.\n (d) Any inconsistent provision of this title notwithstanding, an\nindividual shall not be eligible for additional state payments with\nrespect to any month, if throughout such month, (i) he is an inmate of a\npublic institution, or (ii) he is an inmate in a medical facility which\nis receiving medical assistance payments for him at a level exceeding\nfifty per cent of the cost of his care, or (iii) he is an inmate in a\nmedical facility which is not certified under the state's medical\nassistance program. Nor shall an individual be eligible for additional\nstate payments for any month in which he is ineligible for supplemental\nsecurity income benefits because of a failure to file for other\nnon-public assistance benefits to which he might be entitled, or because\nof a refusal to participate in treatment for drug addiction or\nalcoholism or because he has remained outside the United States for all\nof such month, or because he has refused vocational rehabilitation.\n 2. The following amounts shall be the standard of monthly need for\ndetermining eligibility for and the amount of additional state payments,\ndepending on the type of living arrangement and the geographic area in\nwhich the eligible individual or the eligible couple resides:\n (a) On and after January first, two thousand twenty-five, for an\neligible individual living alone, $1,054.00; and for an eligible couple\nliving alone, $1,554.00.\n (b) On and after January first, two thousand twenty-five, for an\neligible individual living with others with or without in-kind income,\n$990.00; and for an eligible couple living with others with or without\nin-kind income, $1,496.00.\n (c) On and after January first, two thousand twenty-five, (i) for an\neligible individual receiving family care, $1,233.48 if such individual\nis receiving such care in the city of New York or the county of Nassau,\nSuffolk, Westchester or Rockland; and (ii) for an eligible couple\nreceiving family care in the city of New York or the county of Nassau,\nSuffolk, Westchester or Rockland, two times the amount set forth in\nsubparagraph (i) of this paragraph; or (iii) for an eligible individual\nreceiving such care in any other county in the state, $1,195.48; and\n(iv) for an eligible couple receiving such care in any other county in\nthe state, two times the amount set forth in subparagraph (iii) of this\nparagraph.\n (d) On and after January first, two thousand twenty-five, (i) for an\neligible individual receiving residential care, $1,402.00 if such\nindividual is receiving such care in the city of New York or the county\nof Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible\ncouple receiving residential care in the city of New York or the county\nof Nassau, Suffolk, Westchester or Rockland, two times the amount set\nforth in subparagraph (i) of this paragraph; or (iii) for an eligible\nindividual receiving such care in any other county in the state,\n$1,372.00; and (iv) for an eligible couple receiving such care in any\nother county in the state, two times the amount set forth in\nsubparagraph (iii) of this paragraph.\n (e) On and after January first, two thousand twenty-five, (i) for an\neligible individual receiving enhanced residential care, $1,661.00; and\n(ii) for an eligible couple receiving enhanced residential care, two\ntimes the amount set forth in subparagraph (i) of this paragraph.\n (f) The amounts set forth in paragraphs (a) through (e) of this\nsubdivision shall be increased to reflect any increases in federal\nsupplemental security income benefits for individuals or couples which\nbecome effective on or after January first, two thousand twenty-six but\nprior to June thirtieth, two thousand twenty-six.\n 2-a. Notwithstanding any inconsistent provision of subparagraph (ii)\nof paragraph (d) of subdivision one of this section, an individual who\nis receiving or is eligible to receive federal supplemental security\nincome payments and/or additional state payments and who is a resident\nof a residential health care facility as defined by section twenty-eight\nhundred one of the public health law, shall, in accordance with\nregulations of the department, be entitled to a state payment for\npersonal needs in the amount of fifteen dollars a month, provided,\nhowever, that on or after January first, nineteen hundred eighty-eight\nthe state payment for personal needs for such persons shall be in the\namount of twenty-five dollars a month. Notwithstanding any inconsistent\nprovision of subparagraph (ii) of paragraph (d) of subdivision one of\nthis section, on or after January first, nineteen hundred eighty-eight,\na resident of an intermediate care facility operated or issued an\noperating certificate by the office for people with developmental\ndisabilities or a patient of a hospital operated by the office of mental\nhealth as defined in subdivision ten of section 1.03 of the mental\nhygiene law who is receiving or is eligible to receive supplemental\nsecurity income payments and/or additional state payments shall receive\na state payment for personal needs in the amount of five dollars a\nmonth. The department is authorized to promulgate necessary regulations\nto provide for the time and manner for payment of such personal\nallowance to such individuals.\n 3. As used in subdivision two of this section:\n (a) "Living alone" shall mean living in a private household composed\nof one eligible individual or one eligible couple.\n (b) "Living with others" shall mean living in a private household\ncomposed of an eligible individual or couple and at least one other\nperson; or, with respect to any child who is not the head of a household\nand who is under the age of eighteen, or under the age of twenty-two if\nattending school, any living arrangement other than residential care in\na facility operated or licensed by an office of the department of mental\nhygiene.\n * (c) "Receiving family care" shall mean residing in a family type\nhome for adults which is certified by the department and supervised by a\nsocial services district, in accordance with applicable provisions of\nlaw and regulations, or a family care home certified by the appropriate\noffice of the department of mental hygiene, in accordance with\napplicable provisions of law and regulations or participating in a\nfoster family care demonstration program pursuant to section three\nhundred sixty-four-h of this chapter.\n * NB Effective until December 31, 2027\n * (c) "Receiving family care" shall mean residing in a family type\nhome for adults which is certified by the department and supervised by a\nsocial services district, in accordance with applicable provisions of\nlaw and regulations, or a family care home certified by the appropriate\noffice of the department of mental hygiene, in accordance with\napplicable provisions of law and regulations.\n * NB Effective December 31, 2027\n (d) "Receiving residential care" shall mean residing in a residence\nfor adults or a privately operated community residence, residential\nsubstance abuse treatment program or community residential facility for\nalcoholism, certified by the appropriate office of the department of\nmental hygiene; or a residential care center for adults certified by the\noffice of mental health, in accordance with applicable law and\nregulations. For the purpose of this paragraph, a person receiving care\nin an intermediate care facility, certified by the department of health\nor by the appropriate office of the department of mental hygiene, or\nreceiving respite services shall not be deemed to be receiving\nresidential care.\n (e) "Receiving enhanced residential care" shall mean residing in a\nprivately operated school for individuals with developmental\ndisabilities which is certified by the office for people with\ndevelopmental disabilities of the department of mental hygiene, in\naccordance with applicable provisions of law and regulations or an adult\nhome, or enriched housing program certified by the department of health\nin accordance with applicable law, rules and regulations to the extent\npermitted by federal law and regulations.\n 4. An eligible individual or an eligible couple shall be entitled to\nreceive monthly an additional state payment in an amount equal to the\ndifference between the monthly standard of need applicable to such\nindividual or couple and the sum of such individual's or couple's\nsupplemental security income benefit plus countable income.\n 5. If necessary in order to comply with or reflect changes in federal\nlaw, or to take full advantage of available federal funding for the\npurposes of this title, or to remain qualified for federal funding under\nany other program, the department may, by regulation, with the approval\nof the director of the budget, change the amounts specified as the\nstandard of need in subdivision two of this section, or provide that any\nportion of the supplemental security income benefit be disregarded in\ndetermining the amount of the additional state payment. Any such change\nin the amounts of the standards of need or in the amounts to be so\ndisregarded shall remain effective only until the first day of July of\nthe year next succeeding the year in which such change is to take\neffect, unless such change is enacted into law prior to such date.\n 6. (a) As applicable federal law, rules and regulations so provide, a\nrecipient of supplemental security income benefits or medical assistance\nin the state of New York or any other state may establish an irrevocable\ntrust fund for the exclusive purpose of their or a family member's\nfuneral and burial. Such trust fund and any accumulated interest not\nwithdrawn by the recipient shall remain the responsibility of the\nfuneral firm, funeral director, undertaker, cemetery or any other\nperson, firm or corporation to whom such payment is made to administer\nfor funeral and burial expenses of the recipient. Those persons who\nestablish such a trust fund shall be given the opportunity to select the\nfuneral firm, funeral director, undertaker, cemetery or any other\nperson, firm or corporation to whom such payment is made of their choice\nto provide for their or a family member's burial arrangements and to\nchange such selection at any time to any funeral firm, funeral director,\nundertaker, cemetery or any other person, firm or corporation to whom\nsuch payment is made, located either in the state of New York or any\nother state. Any such change of funeral firm, funeral director,\nundertaker, cemetery, or any other person, firm or corporation to whom\nsuch payment is made, must be carried out within ten business days\nfollowing receipt of a request by the purchaser to the funeral firm,\nfuneral director, undertaker, cemetery, or any other person, firm or\ncorporation to whom such payment is made with which the current trust\nfund was established. Funds in such trust fund shall be placed in an\ninterest bearing account pursuant to section four hundred fifty-three of\nthe general business law. Accumulated interest from such account shall\nnot be reported as "countable income" pursuant to section two hundred\neight of this title.\n (b) An applicant for or a recipient of medical assistance in the state\nof New York or any other state who enters into an agreement pursuant to\nsection four hundred fifty-three of the general business law for their\nown benefit or for the benefit of a family member shall establish a\nsingle irrevocable trust fund for each such beneficiary pursuant to\nparagraph (a) of this subdivision.\n (c) A funeral firm, funeral director, undertaker, cemetery, or any\nother person, firm or corporation which makes an agreement for and\naccepts payment for such an irrevocable trust fund, shall comply with\nthe provisions of section four hundred fifty-three of the general\nbusiness law, and shall include the following statement in any such\nagreement in conspicuous print of at least twelve point type:\n DISCLOSURE\n NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS\nFOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO\nHUNDRED NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER\nSECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR THE\nMONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL\nAND BURIAL EXPENSES. WHETHER THIS AGREEMENT IS FOR YOUR FUNERAL AND\nBURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY MONEY IS LEFT\nOVER AFTER YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO\nTO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT ANY TIME.\nIF THIS AGREEMENT IS FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY\nMEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY CHANGE THE CHOICE OF\nFUNERAL HOME AT ANY TIME.\n (d) Any promotional literature prepared after January first, nineteen\nhundred ninety-seven by a funeral firm, funeral director, undertaker,\ncemetery, or any other person, firm or corporation for prearranged\nfuneral and burial services must contain language disclosing the\nirrevocable nature of burial trusts established by or for an applicant\nor recipient of supplemental security income benefits or medical\nassistance.\n