N.Y. Mental Hygiene Law § 33.07: Care and custody of the personal property of persons receiving services

§ 33.07 * Care and custody of the personal property of persons receiving

services.

* NB Effective until June 30, 2027

* Care and custody of the personal property of patients.

* NB Effective June 30, 2027

(a) A patient's right to retain his personal belongings upon admission

to a facility shall be respected. The director, subject to the

regulations of the commissioner, may take temporary custody of the

patient's personal property upon the person of the patient. Personal

property which is retained for the patient's protection shall be used

for the support and benefit of the patient if deemed desirable.

Otherwise, it is to be conserved for his benefit. If a patient is

transferred to another facility, his personal belongings shall be

transferred with him. Gifts received by a patient in a facility shall be

handled in the same manner.

(b) The director of a department facility shall have the power to take

temporary and immediate custody of the personal property of a patient

which is in the possession of other persons upon giving a receipt

therefor to the person having possession thereof.

(c) Any interest on money received and held for a patient shall be the

property of the individual patient and shall not accrue for the general

welfare of all patients in a facility.

* (e) A mental hygiene facility director who is a representative payee

for a person pursuant to designation by the social security

administration or other federal agency and who assumes management

responsibility over the funds of such person, including benefits for

which there is a state share, shall maintain such funds in a fiduciary

capacity to the person; provided that the application of such funds to

the cost of care and treatment of such person shall not, in and of

itself, be a violation of such fiduciary obligation if such director

acts in accordance with federal law and regulations. The commissioners

of mental health, developmental disabilities, and alcoholism and

substance abuse services shall promulgate regulations regarding the

management and protection of such funds in collaboration with persons

receiving services, advocacy groups representing persons receiving

services and families of such persons, and mental hygiene legal service.

Such regulations shall include, but not be limited to, the use of

Medicaid exception trusts, including special needs trusts or similar

devices, notice requirements to qualified persons as defined by section

33.16 of this article regarding the intent of the facility director to

apply to be the person's representative payee, and the appropriate

establishment and maintenance of a discharge account for future needs.

In the event that a director of a department facility receives a lump

sum retroactive payment of a federal or state benefit on behalf of a

person in the director's capacity as representative payee and the

receipt of such funds would, in combination with other funds held on

behalf of such person, make the person ineligible for government

benefits, such director shall, to the extent permissible by law, apply

the funds in excess of the appropriate eligibility level to the person's

personal needs or seek to place such excess funds into a qualifying

Medicaid exception trust, including a special needs trust, or similar

device; provided, however, that, for purposes of this section, the term

"lump sum retroactive payment" shall not apply to any payment that

exceeds the expected monthly recurring amount where such excess is due

to a delay in processing an application, changing a representative payee

or similar administrative delay. The director of a department facility

shall ensure that the treatment team meet with, and determine the

current and future personal needs of, the person receiving services. For

purposes of this section, a treatment team is one that is responsible

for the following, including but not limited to, clinical assessments,

treatment plan development, any necessary discharge planning, and

personal expenditure planning.

* NB Effective until June 30, 2027

* (e) A mental hygiene facility which is a representative payee for a

patient pursuant to designation by the social security administration or

which assumes management responsibility over the funds of a patient,

shall maintain such funds in a fiduciary capacity to the patient. The

commissioners of mental health and developmental disabilities shall

develop standards regarding the management of patient funds.

* NB Effective June 30, 2027

* (f) The commissioners of mental health, developmental disabilities,

and alcoholism and substance abuse services shall post on the offices'

respective websites, in a prominent location, the applicable standards,

regulations and/or policies established pursuant to this section.

* NB Repealed June 30, 2027

* (g) Upon request by a person receiving services from a department

facility, his or her guardian, qualified persons, as defined by section

33.16 of this article, or other legally authorized representative, the

director of such facility shall, on a quarterly basis, make a statement

of deposits and disbursements from the personal account of the person

receiving services available for review.

* NB Repealed June 30, 2027

* (h) The office of mental health and the office for people with

developmental disabilities and mental hygiene legal service shall

collaboratively review, at least annually, the management of funds which

a department facility director receives as a representative payee or of

funds received pursuant to section 29.23 of this title. In such review,

the office of mental health and the office for people with developmental

disabilities shall make available final federal reviews regarding

facility directors' handling of federal benefits and other related

documents to aid the proper conduct of such review.

* NB Repealed June 30, 2027

* (i) The office of mental health and the office for people with

developmental disabilities shall, by the fifteenth day of December of

each year, commencing on December fifteenth, two thousand eleven, submit

and publish on its official website, a report to the governor, speaker

of the assembly, temporary president of the senate, chair of the

assembly committee on mental health, and the chair of the senate

committee on mental health, detailing how persons' federal benefits are

being utilized.

* NB Repealed June 30, 2027