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 522.7 - Required policies and procedures
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 522.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any facility director who serves or may serve as representative payee for beneficiaries receiving services from such facility shall establish policies and procedures which address the management and use of funds paid to the director as representative payee, consistent with the fiduciary responsibilities of a representative payee pursuant to the governing requirements of Social Security or other federal law and the comparable duty under State law. At a minimum, such policies and procedures shall include provisions for:
(1) establishment and
maintenance of beneficiary accounts (in interest bearing accounts where
practicable) with individual patient accounting to segregate balances and
permit the application of interest earned, if any, on a pro-rated
basis;
(2) internal controls that
keep the beneficiary accounts and funds secure, prevent identity theft, provide
specific authorization for check signatories, and document receipts and
disbursements;
(3) the use of petty
cash, including requirements for documenting expenditures by receipts and the
reconciliation of cash provided;
(4) the opportunity for beneficiaries, or
someone authorized to act on their behalf, to review deposits to and
disbursements from their accounts at least quarterly; and
(5) designation of an appropriate staff
member to act as a liaison between the facility director and the
beneficiary.
(b) For facilities operated by the Office, such policies and procedures shall also include provisions requiring the facility to consider:
(1) the establishment of an appropriate
Discharge Account if funds are available from accumulated Social Security or
other federal benefits and/or other resources or income of the beneficiary;
provided, however, that such Discharge Account, in addition to other resources
held by the beneficiary, shall not exceed the monetary limits necessary to
maintain his or her eligibility for government benefits in the community; and
(2) the use of a Medicaid
exception trust or similar device where legally mandated or deemed necessary
and appropriate by the Office of Mental Health. To determine whether and/or
what type of Medicaid exception trust or similar device may be necessary and
appropriate, the following factors shall be considered along with any other
factors relevant to the particular beneficiary's circumstances:
(i) the beneficiary's current and future
needs, including a burial fund;
(ii) the amount of the resources to be placed
in trust;
(iii) the beneficiary's
age, current diagnosis and functional capacity (including capacity to manage
his or her funds);
(iv) the
beneficiary's prognosis for discharge into the community;
(v) the beneficiary's need for government
benefit eligibility in the community;
(vi) the availability and willingness of a
family member, friend, guardian or other appropriate individual to serve as
trustee of such a trust or as a liaison to such a trust;
(vii) the impact of anticipated costs to
establish and maintain the trust and guardianship, if any, on the amount of
trust resources that will be available to the beneficiary;
(viii) the eligibility of the beneficiary to
establish a trust; and
(ix) the
availability of a pooled community trust in which beneficiary is eligible to
participate.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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