New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 368 - Aid To The Aged, Blind Or Disabled
Section 368.10 - Living arrangements
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Assistance and care may be provided in the recipient's own home or some other suitable family home or in any of the following when operated in compliance with rules of the board and department regulations: a private convalescent home, proprietary or non-profit; a private incorporated non-profit home for the blind or aged, or a private institution for adults proprietary or non-profit.
(b) Allowance for personal expenses, including clothing and incidentals, may also be granted in a nursing home or intermediate care facility.
(c) Whenever practicable, assistance shall be provided to a person in his own home. When care in his own home is not practicable, the social services official shall provide care suited to the person's particular situation. Particular emphasis shall be given to this factor when the mental or physical condition of the applicant or recipient and the absence of close relatives places greater responsibility for such decision upon the social services official.
(d) If and so long as Federal aid is available for care therein AD may also be provided in the following: a facility operated or supervised by the State Narcotic Addiction Control Commission, and a residential facility for the mentally retarded, approved, licensed or operated by the State Department of Mental Hygiene.
(e) Compliance with Civil Rights Act of 1964. Applicants for or recipients of AABD shall not be placed in or referred to a public, private non-profit or private proprietary facility which discriminates on the basis of race, color or national origin contrary to the requirements of title VI of the Civil Rights Act of 1964 or violates section 40 of the Civil Rights Act of the State of New York, nor may services be provided which would be supportive of such facility or vendor's payment made thereto.
