N.Y. Social Services Law § 131-o: Personal allowances accounts

§ 131-o. Personal allowances accounts. 1. Each individual receiving

family care, residential care or care in a school for individuals with

developmental disabilities, or enhanced residential care as those terms

are defined in section two hundred nine of this chapter, and who is

receiving benefits under the program of additional state payments

pursuant to this chapter while receiving such care, shall be entitled to

a monthly personal allowance out of such benefits in the following

amount:

* (a) in the case of each individual receiving family care, an amount

equal to at least $186.00 for each month beginning on or after January

first, two thousand twenty-five.

* NB Effective until December 31, 2026

* (a) in the case of each individual receiving family care, an amount

equal to at least $191.00 for each month beginning on or after January

first, two thousand twenty-six.

* NB Effective December 31, 2026

* (b) in the case of each individual receiving residential care, an

amount equal to at least $213.00 for each month beginning on or after

January first, two thousand twenty-five.

* NB Effective until December 31, 2026

* (b) in the case of each individual receiving residential care, an

amount equal to at least $219.00 for each month beginning on or after

January first, two thousand twenty-six.

* NB Effective December 31, 2026

* (c) in the case of each individual receiving enhanced residential

care, an amount equal to at least $255.00 for each month beginning on or

after January first, two thousand twenty-five.

* NB Effective until December 31, 2026

* (c) in the case of each individual receiving enhanced residential

care, an amount equal to at least $262.00 for each month beginning on or

after January first, two thousand twenty-six.

* NB Effective December 31, 2026

* (d) for the period commencing January first, two thousand

twenty-six, the monthly personal needs allowance shall be an amount

equal to the sum of the amounts set forth in subparagraphs one and two

of this paragraph:

(1) the amounts specified in paragraphs (a), (b) and (c) of this

subdivision; and

(2) the amount in subparagraph one of this paragraph, multiplied by

the percentage of any federal supplemental security income cost of

living adjustment which becomes effective on or after January first, two

thousand twenty-six, but prior to June thirtieth, two thousand

twenty-six, rounded to the nearest whole dollar.

* NB Effective until December 31, 2026

* (d) for the period commencing January first, two thousand

twenty-seven, the monthly personal needs allowance shall be an amount

equal to the sum of the amounts set forth in subparagraphs one and two

of this paragraph:

(1) the amounts specified in paragraphs (a), (b) and (c) of this

subdivision; and

(2) the amount in subparagraph one of this paragraph, multiplied by

the percentage of any federal supplemental security income cost of

living adjustment which becomes effective on or after January first, two

thousand twenty-seven, but prior to June thirtieth, two thousand

twenty-seven, rounded to the nearest whole dollar.

* NB Effective December 31, 2026

2. The personal allowance described in subdivision one of this section

shall be made directly available to the individual for his own use in

obtaining clothing, personal hygiene items, and other supplies and

services for his personal use not otherwise provided by the residential

facility. Any waiver of the right to a personal allowance by an

individual entitled to it shall be void. The facility shall, for each

such individual, offer to establish a separate account for the personal

allowance. Each individual electing to utilize such an account shall be

entitled to a statement upon request, and in any case quarterly, setting

forth the deposits and withdrawals, and the current balance of the

account. A facility shall not demand, require or contract for payment of

all or any part of the personal allowance in satisfaction of the

facility rate for supplies and services and shall not charge the

individual or the account for any supplies or services that the facility

is by law, regulation or agreement with the individual required to

provide or for any medical supplies or services for which payment is

available under medical assistance, pursuant to this title, medicare

pursuant to title XVIII of the federal social security act, or any third

party coverage. Any service or supplies provided by the facility,

charged to the individual or the account shall be provided only with the

specific consent of the individual, who shall be furnished in advance of

the provision of the services or supplies with an itemized statement

setting forth the charges for the services or supplies. Whenever a

resident authorizes an operator of a facility to exercise control over

his or her personal allowance such authorization shall be in writing and

subscribed by the parties to be charged. Any such money shall not be

mingled with the funds or become an asset of the facility or the person

receiving the same, but shall be segregated and recorded on the

facility's financial records as independent accounts.

3. Any individual who has not received or been able to control

personal allowance funds to the extent and in the manner required by

this section may maintain an action in his own behalf for recovery of

any such funds, and upon a showing that the funds were intentionally

misappropriated or withheld to other than the intended use, for recovery

of additional punitive damages in an amount equal to twice the amount

misappropriated or withheld. The department may investigate any

suspected misappropriation or withholding of personal allowance funds

and may maintain an action on behalf of any individual to recover any

funds so misappropriated, including any punitive damages. Any funds

obtained as a result of such an action shall be disregarded in

determining such individual's eligibility for or amount of benefits

available pursuant to this chapter, to the extent permitted by federal

law and regulation.

4. Each facility subject to the provisions of this section shall

maintain in accordance with department regulations complete records and

documentation of all transactions involving resident personal allowance

accounts, and shall make such records available to the department and to

any other agency responsible for the inspection and supervision of the

facility upon request, with respect to any individual who is receiving

additional state payments.

5. Any agency having supervisory responsibilities over any facility

subject to the provisions of this section shall, at the time of any

inspection of such a facility, inquire into the furnishing of and

accounting for resident personal allowances, and shall report any

violations or suspected violations of this section to the department.

The department shall have primary responsibility for monitoring the

personal allowance requirements of this section; provided, however, that

the department may by cooperative agreement delegate such monitoring and

enforcement functions, in whole or in part, with respect to any

facility, to any other state agency having supervisory responsibilities

over such facility.

6. At the time an individual ceases to be a resident at the facility

maintaining a resident personal allowance account on his behalf, the

funds in such account shall be transferred to such individual or another

appropriate individual or agency for use on his behalf, in accordance

with department regulations.

7. Any facility subject to the provisions of this section shall assure

that any income of an individual residing therein that not considered in

determining such individual's eligibility for or amount of benefits

under the program of additional state payments pursuant to title six of

article five of this chapter, other than unearned income paid from

non-public sources for the purpose of meeting the cost, in part or in

whole, of such person's care and maintenance in such a facility, is

treated in the same manner as the personal allowance required to be made

available to the individual pursuant to this section.

8. In any case in which a person receives a payment of additional

state payment benefits for a month other than the month in which the

payment is received, the full monthly personal allowance for the months

to which the payment is attributable shall be made available to the

individual at such time as the payment has been received; in no event

shall the facility be found to have failed to comply with the provisions

of this section solely by reason of having failed to make such monthly

personal allowance available prior to the time such payment is actually

received.

9. In addition to any damages or civil penalties to which a person may

be subject;

(a) any person who intentionally withholds a resident's personal

allowance, or who demands, beneficially receives, or contracts for

payment of all or any part of a resident's personal allowances in

satisfaction of the facility rate for supplies and services shall be

guilty of a class A misdemeanor;

(b) any person who commingles, borrows from or pledges any personal

allowance funds required to be held in a separate account shall be

guilty of a class A misdemeanor.