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 522.5 - Determination of need for representative payee

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 522.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) When a question is raised as to whether a beneficiary is capable of managing his or her benefits, the treatment team or, in the case of a facility licensed by the Office, staff assigned to the beneficiary shall meet to determine whether a physician should examine the beneficiary and assess the beneficiary's capacity to manage or direct the management of benefits in his or her own best interest. This meeting shall be documented in the beneficiary's clinical or other appropriate record.

(b) In the event that the beneficiary has been referred for examination, a physician shall conduct the examination and notify the facility director regarding the physician's determination as to whether the beneficiary is capable of managing or directing the management of benefits in his or her own best interest.

(c) A facility director shall not apply to serve as fiduciary or representative payee for a beneficiary who is receiving services from a facility and does not already have a representative payee unless:

(1) a physician determines that the beneficiary is not capable of managing or directing the management of benefits in his or her own best interest, which determination shall be documented in the beneficiary's clinical or other appropriate record; and

(2) notice of the facility director's intent has been provided pursuant to Section 522.6(a) of this Part or, if notice has not been provided, the reason for not providing notice is documented in the beneficiary's clinical or other appropriate record.

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