³ 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no
person shall be eligible for any payment pursuant to this title who is
ineligible for supplemental security income for any reason other than
having countable income exceeding the federal benefit rate for such
program. An individual shall be eligible to receive additional state
payments if he or she has applied for supplemental security income
benefits, has received a determination with respect to such application
and:

(i) is over sixty-five years of age, or is blind or disabled; and

(ii) does not have countable income in an amount equal to or greater
than the standard of need established in subdivision two of this
section; and

(iii) does not have countable resources in an amount equal to or
greater than the amount of resources an individual or couple may have
and remain eligible for supplemental security income benefits pursuant
to federal law and regulations of the department; and

(iv) is a resident of the state and is either a citizen of the United
States or is not a noncitizen who is or would be ineligible for federal
supplemental security income benefits solely by reason of noncitizen
status.

(b) A person who is properly receiving supplemental security income
benefits shall be deemed to have met the eligibility criteria contained
in subparagraphs (i), (ii) and (iii) of paragraph (a) of this
subdivision.

(c) A person who, for the month of December, nineteen hundred
seventy-three, properly received a grant of assistance under the state's
program of old age assistance, assistance to the blind, aid to the
disabled or the combined program of aid to aged, blind and disabled
persons, shall be deemed to have met the eligibility criteria of this
subdivision; provided, however, that a disabled person who did not also
receive such a grant for any month prior to July, nineteen hundred
seventy-three, shall not be deemed to have met such eligibility criteria
under this paragraph. A person who is deemed eligible under this
paragraph shall continue to be deemed to meet the eligibility criteria
of this subdivision so long as he continues to be blind or disabled, as
the case may be, pursuant to state standards in effect for October,
nineteen hundred seventy-two, and so long as he continues to reside in
the state.

(d) Any inconsistent provision of this title notwithstanding, an
individual shall not be eligible for additional state payments with
respect to any month, if throughout such month, (i) he is an inmate of a
public institution, or (ii) he is an inmate in a medical facility which
is receiving medical assistance payments for him at a level exceeding
fifty per cent of the cost of his care, or (iii) he is an inmate in a
medical facility which is not certified under the state's medical
assistance program. Nor shall an individual be eligible for additional
state payments for any month in which he is ineligible for supplemental
security income benefits because of a failure to file for other
non-public assistance benefits to which he might be entitled, or because
of a refusal to participate in treatment for drug addiction or
alcoholism or because he has remained outside the United States for all
of such month, or because he has refused vocational rehabilitation.

2. The following amounts shall be the standard of monthly need for
determining eligibility for and the amount of additional state payments,
depending on the type of living arrangement and the geographic area in
which the eligible individual or the eligible couple resides:

* (a) On and after January first, two thousand twenty-three, for an
eligible individual living alone, $1,001.00; and for an eligible couple
living alone, $1,475.00.

(b) On and after January first, two thousand twenty-three, for an
eligible individual living with others with or without in-kind income,
$937.00; and for an eligible couple living with others with or without
in-kind income, $1,417.00.

(c) On and after January first, two thousand twenty-three, (i) for an
eligible individual receiving family care, $1,180.48 if he or she is
receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving family care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $1,142.48; and
(iv) for an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of this
paragraph.

(d) On and after January first, two thousand twenty-three, (i) for an
eligible individual receiving residential care, $1,349.00 if he or she
is receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving residential care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible
individual receiving such care in any other county in the state,
$1,319.00; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in
subparagraph (iii) of this paragraph.

(e) On and after January first, two thousand twenty-three, (i) for an
eligible individual receiving enhanced residential care, $1,608.00; and
(ii) for an eligible couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.

(f) The amounts set forth in paragraphs (a) through (e) of this
subdivision shall be increased to reflect any increases in federal
supplemental security income benefits for individuals or couples which
become effective on or after January first, two thousand twenty-four but
prior to June thirtieth, two thousand twenty-four.

* NB Effective until December 31, 2024

* (a) On and after January first, two thousand twenty-four, for an
eligible individual living alone, $1,030.00; and for an eligible couple
living alone, $1,519.00.

(b) On and after January first, two thousand twenty-four, for an
eligible individual living with others with or without in-kind income,
$966.00; and for an eligible couple living with others with or without
in-kind income, $1,461.00.

(c) On and after January first, two thousand twenty-four, (i) for an
eligible individual receiving family care, $1,209.48 if he or she is
receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving family care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $1,171.48; and
(iv) for an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of this
paragraph.

(d) On and after January first, two thousand twenty-four, (i) for an
eligible individual receiving residential care, $1,378.00 if he or she
is receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving residential care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible
individual receiving such care in any other county in the state,
$1,348.00; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in
subparagraph (iii) of this paragraph.

(e) On and after January first, two thousand twenty-four, (i) for an
eligible individual receiving enhanced residential care, $1,637.00; and
(ii) for an eligible couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.

(f) The amounts set forth in paragraphs (a) through (e) of this
subdivision shall be increased to reflect any increases in federal
supplemental security income benefits for individuals or couples which
become effective on or after January first, two thousand twenty-five but
prior to June thirtieth, two thousand twenty-five.

* NB Effective December 31, 2024

2-a. Notwithstanding any inconsistent provision of subparagraph (ii)
of paragraph (d) of subdivision one of this section, an individual who
is receiving or is eligible to receive federal supplemental security
income payments and/or additional state payments and who is a resident
of a residential health care facility as defined by section twenty-eight
hundred one of the public health law, shall, in accordance with
regulations of the department, be entitled to a state payment for
personal needs in the amount of fifteen dollars a month, provided,
however, that on or after January first, nineteen hundred eighty-eight
the state payment for personal needs for such persons shall be in the
amount of twenty-five dollars a month. Notwithstanding any inconsistent
provision of subparagraph (ii) of paragraph (d) of subdivision one of
this section, on or after January first, nineteen hundred eighty-eight,
a resident of an intermediate care facility operated or issued an
operating certificate by the office for people with developmental
disabilities or a patient of a hospital operated by the office of mental
health as defined in subdivision ten of section 1.03 of the mental
hygiene law who is receiving or is eligible to receive supplemental
security income payments and/or additional state payments shall receive
a state payment for personal needs in the amount of five dollars a
month. The department is authorized to promulgate necessary regulations
to provide for the time and manner for payment of such personal
allowance to such individuals.

3. As used in subdivision two of this section:

(a) "Living alone" shall mean living in a private household composed
of one eligible individual or one eligible couple.

(b) "Living with others" shall mean living in a private household
composed of an eligible individual or couple and at least one other
person; or, with respect to any child who is not the head of a household
and who is under the age of eighteen, or under the age of twenty-two if
attending school, any living arrangement other than residential care in
a facility operated or licensed by an office of the department of mental
hygiene.

* (c) "Receiving family care" shall mean residing in a family type
home for adults which is certified by the department and supervised by a
social services district, in accordance with applicable provisions of
law and regulations, or a family care home certified by the appropriate
office of the department of mental hygiene, in accordance with
applicable provisions of law and regulations or participating in a
foster family care demonstration program pursuant to section three
hundred sixty-four-h of this chapter.

* NB Effective until December 31, 2025

* (c) "Receiving family care" shall mean residing in a family type
home for adults which is certified by the department and supervised by a
social services district, in accordance with applicable provisions of
law and regulations, or a family care home certified by the appropriate
office of the department of mental hygiene, in accordance with
applicable provisions of law and regulations.

* NB Effective December 31, 2025

(d) "Receiving residential care" shall mean residing in a residence
for adults or a privately operated community residence, residential
substance abuse treatment program or community residential facility for
alcoholism, certified by the appropriate office of the department of
mental hygiene; or a residential care center for adults certified by the
office of mental health, in accordance with applicable law and
regulations. For the purpose of this paragraph, a person receiving care
in an intermediate care facility, certified by the department of health
or by the appropriate office of the department of mental hygiene, or
receiving respite services shall not be deemed to be receiving
residential care.

(e) "Receiving enhanced residential care" shall mean residing in a
privately operated school for individuals with developmental
disabilities which is certified by the office for people with
developmental disabilities of the department of mental hygiene, in
accordance with applicable provisions of law and regulations or an adult
home, or enriched housing program certified by the department of health
in accordance with applicable law, rules and regulations to the extent
permitted by federal law and regulations.

4. An eligible individual or an eligible couple shall be entitled to
receive monthly an additional state payment in an amount equal to the
difference between the monthly standard of need applicable to such
individual or couple and the sum of such individual's or couple's
supplemental security income benefit plus countable income.

5. If necessary in order to comply with or reflect changes in federal
law, or to take full advantage of available federal funding for the
purposes of this title, or to remain qualified for federal funding under
any other program, the department may, by regulation, with the approval
of the director of the budget, change the amounts specified as the
standard of need in subdivision two of this section, or provide that any
portion of the supplemental security income benefit be disregarded in
determining the amount of the additional state payment. Any such change
in the amounts of the standards of need or in the amounts to be so
disregarded shall remain effective only until the first day of July of
the year next succeeding the year in which such change is to take
effect, unless such change is enacted into law prior to such date.

6. (a) As applicable federal law, rules and regulations so provide, a
recipient of supplemental security income benefits or medical assistance
in the state of New York or any other state may establish an irrevocable
trust fund for the exclusive purpose of their or a family member's
funeral and burial. Such trust fund and any accumulated interest not
withdrawn by the recipient shall remain the responsibility of the
funeral firm, funeral director, undertaker, cemetery or any other
person, firm or corporation to whom such payment is made to administer
for funeral and burial expenses of the recipient. Those persons who
establish such a trust fund shall be given the opportunity to select the
funeral firm, funeral director, undertaker, cemetery or any other
person, firm or corporation to whom such payment is made of their choice
to provide for their or a family member's burial arrangements and to
change such selection at any time to any funeral firm, funeral director,
undertaker, cemetery or any other person, firm or corporation to whom
such payment is made, located either in the state of New York or any
other state. Any such change of funeral firm, funeral director,
undertaker, cemetery, or any other person, firm or corporation to whom
such payment is made, must be carried out within ten business days
following receipt of a request by the purchaser to the funeral firm,
funeral director, undertaker, cemetery, or any other person, firm or
corporation to whom such payment is made with which the current trust
fund was established. Funds in such trust fund shall be placed in an
interest bearing account pursuant to section four hundred fifty-three of
the general business law. Accumulated interest from such account shall
not be reported as "countable income" pursuant to section two hundred
eight of this title.

(b) An applicant for or a recipient of medical assistance in the state
of New York or any other state who enters into an agreement pursuant to
section four hundred fifty-three of the general business law for their
own benefit or for the benefit of a family member shall establish a
single irrevocable trust fund for each such beneficiary pursuant to
paragraph (a) of this subdivision.

(c) A funeral firm, funeral director, undertaker, cemetery, or any
other person, firm or corporation which makes an agreement for and
accepts payment for such an irrevocable trust fund, shall comply with
the provisions of section four hundred fifty-three of the general
business law, and shall include the following statement in any such
agreement in conspicuous print of at least twelve point type:

DISCLOSURE

NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS
FOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO
HUNDRED NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER
SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR THE
MONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL
AND BURIAL EXPENSES. WHETHER THIS AGREEMENT IS FOR YOUR FUNERAL AND
BURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY MONEY IS LEFT
OVER AFTER YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO
TO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT ANY TIME.
IF THIS AGREEMENT IS FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY
MEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY CHANGE THE CHOICE OF
FUNERAL HOME AT ANY TIME.

(d) Any promotional literature prepared after January first, nineteen
hundred ninety-seven by a funeral firm, funeral director, undertaker,
cemetery, or any other person, firm or corporation for prearranged
funeral and burial services must contain language disclosing the
irrevocable nature of burial trusts established by or for an applicant
or recipient of supplemental security income benefits or medical
assistance.