§ 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 $175.00 for each month beginning on or after January
first, two thousand twenty-three.

(b) in the case of each individual receiving residential care, an
amount equal to at least $202.00 for each month beginning on or after
January first, two thousand twenty-three.

(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least $241.00 for each month beginning on or
after January first, two thousand twenty-three.

(d) for the period commencing January first, two thousand twenty-four,
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-four, but prior to June thirtieth, two thousand
twenty-four, rounded to the nearest whole dollar.

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.