2010 New York Code
SOS - Social Services
Article 5 - ASSISTANCE AND CARE
Title 1 - (131 - 152-B) GENERAL PROVISIONS
131-O - Personal allowances accounts.

§  131-o.  Personal  allowances accounts. 1. Each individual receiving
  family care, residential care or care  in  a  school  for  the  mentally
  retarded,  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 $130.00 for each month beginning on or  after  January
  first, two thousand nine.
    * NB Effective until December 31, 2010
    * (a)  in the case of each individual receiving family care, an amount
  equal to at least $130.00 for each month beginning on or  after  January
  first, two thousand ten.
    * NB Effective December 31, 2010
    * (b)  in  the  case of each individual receiving residential care, an
  amount equal to at least $150.00 for each month beginning  on  or  after
  January first, two thousand nine.
    * NB Effective until December 31, 2010
    * (b)  in  the  case of each individual receiving residential care, an
  amount equal to at least $150.00 for each month beginning  on  or  after
  January first, two thousand ten.
    * NB Effective December 31, 2010
    * (c)  in  the  case of each individual receiving enhanced residential
  care, an amount equal to at least $178.00 for each month beginning on or
  after January first, two thousand nine.
    * NB Effective until December 31, 2010
    * (c) in the case of each individual  receiving  enhanced  residential
  care, an amount equal to at least $178.00 for each month beginning on or
  after January first, two thousand ten.
    * NB Effective December 31, 2010
    * (d)  for  the period commencing January first, two thousand ten, 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 ten, but prior to June thirtieth, two thousand ten, rounded  to
  the nearest whole dollar.
    * NB Effective until December 31, 2010
    * (d)  for  the  period commencing January first, two thousand eleven,
  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  eleven,  but  prior  to  June  thirtieth, two thousand eleven,
  rounded to the nearest whole dollar.
    * NB Effective December 31, 2010
    (e) in the case of  each  individual  receiving  enhanced  residential
  care, an amount equal to at least $144.00 for each month beginning on or
  after  January  first,  two thousand six, and an amount equal to $159.00
  for each month beginning on or after January first, two thousand seven.

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.