New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 522 - Directors of Mental Hygiene Facilities As Representative Payees
Section 522.4 - Definitions

(a) Beneficiary means an individual who is receiving Social Security or other federal benefits.

(b) Discharge Account means an account established for the benefit of an individual to facilitate his or her discharge from a facility into a less restrictive environment (e.g., for a security deposit on an apartment or utilities, the purchase of home furnishings).

(c) Facility means "facility" as defined in Mental Hygiene Law Section 1.03(6).

(d) Facility director means the executive director of a State-operated psychiatric center or the executive director of a facility licensed by the Office of Mental Health.

(e) Fiduciary means a person or entity who is authorized to hold money and property in trust for another individual and who has a legal duty to manage and use those assets in the best interests of the individual.

(f) Lump sum retroactive benefit means a lump sum retroactive payment of a federal or state benefit that exceeds the expected monthly recurring amount for a reason other than a delay in processing an application, changing a representative payee or similar administrative delay.

(g) Medicaid exception trust means a trust that contains the assets of the beneficiary and meets the criteria set forth in 42 U.S.C. Section 1396p(d)(4) and N.Y. Social Services Law Section 366.2(b)(2)(iii) such that both the principal and income of such trust is considered exempt for purposes of determining the beneficiary's eligibility for Medicaid and/or Supplemental Security Income.

(h) Office means the New York State Office of Mental Health.

(i) Qualified Person means a qualified person as defined in Mental Hygiene Law Section 33.16.

(j) Representative payee means an individual or organization appointed by the Social Security Administration to receive and manage the Social Security or SSI benefits of another person or, for purposes of this regulation, any individual or organization appointed by a federal or state benefit program to receive and manage the benefits of another person as a fiduciary.

(k) Similar device means an individual or pooled discretionary trust, funded pursuant to an agreement authorized by Mental Hygiene Law Section 43.03(b) by the Office of Mental Health or a fiduciary holding assets for the beneficiary, which maintains the beneficiary's eligibility for government benefits and, upon the beneficiary's death, provides for the remainder interest to be paid to the State for the unpaid cost of care and maintenance provided by the Office during the beneficiary's lifetime.

(l) Social Security Benefits means benefits paid as retirement, survivors, and disability insurance pursuant to Title II of the Social Security Act.

(m) SSI Benefits means Supplemental Security Income (SSI) benefits paid by the Social Security Administration under Title XVI of the Social Security Act for aged, blind, and disabled persons with little or no income or resources.

(n) Treatment team means the interdisciplinary team comprised of clinical staff that is responsible for developing and implementing a treatment plan for a patient or resident.

(o) Windfall payment means a one-time payment to a patient in a facility operated by the Office, such as a gift, an inheritance, lottery winnings, or court-ordered judgment or settlement.