§ 131-o. Personal allowances accounts. 1. Each individual receiving\nfamily care, residential care or care in a school for individuals with\ndevelopmental disabilities, or enhanced residential care as those terms\nare defined in section two hundred nine of this chapter, and who is\nreceiving benefits under the program of additional state payments\npursuant to this chapter while receiving such care, shall be entitled to\na monthly personal allowance out of such benefits in the following\namount:\n (a) in the case of each individual receiving family care, an amount\nequal to at least $186.00 for each month beginning on or after January\nfirst, two thousand twenty-five.\n (b) in the case of each individual receiving residential care, an\namount equal to at least $213.00 for each month beginning on or after\nJanuary first, two thousand twenty-five.\n (c) in the case of each individual receiving enhanced residential\ncare, an amount equal to at least $255.00 for each month beginning on or\nafter January first, two thousand twenty-five.\n (d) for the period commencing January first, two thousand twenty-six,\nthe monthly personal needs allowance shall be an amount equal to the sum\nof the amounts set forth in subparagraphs one and two of this paragraph:\n (1) the amounts specified in paragraphs (a), (b) and (c) of this\nsubdivision; and\n (2) the amount in subparagraph one of this paragraph, multiplied by\nthe percentage of any federal supplemental security income cost of\nliving adjustment which becomes effective on or after January first, two\nthousand twenty-six, but prior to June thirtieth, two thousand\ntwenty-six, rounded to the nearest whole dollar.\n 2. The personal allowance described in subdivision one of this section\nshall be made directly available to the individual for his own use in\nobtaining clothing, personal hygiene items, and other supplies and\nservices for his personal use not otherwise provided by the residential\nfacility. Any waiver of the right to a personal allowance by an\nindividual entitled to it shall be void. The facility shall, for each\nsuch individual, offer to establish a separate account for the personal\nallowance. Each individual electing to utilize such an account shall be\nentitled to a statement upon request, and in any case quarterly, setting\nforth the deposits and withdrawals, and the current balance of the\naccount. A facility shall not demand, require or contract for payment of\nall or any part of the personal allowance in satisfaction of the\nfacility rate for supplies and services and shall not charge the\nindividual or the account for any supplies or services that the facility\nis by law, regulation or agreement with the individual required to\nprovide or for any medical supplies or services for which payment is\navailable under medical assistance, pursuant to this title, medicare\npursuant to title XVIII of the federal social security act, or any third\nparty coverage. Any service or supplies provided by the facility,\ncharged to the individual or the account shall be provided only with the\nspecific consent of the individual, who shall be furnished in advance of\nthe provision of the services or supplies with an itemized statement\nsetting forth the charges for the services or supplies. Whenever a\nresident authorizes an operator of a facility to exercise control over\nhis or her personal allowance such authorization shall be in writing and\nsubscribed by the parties to be charged. Any such money shall not be\nmingled with the funds or become an asset of the facility or the person\nreceiving the same, but shall be segregated and recorded on the\nfacility's financial records as independent accounts.\n 3. Any individual who has not received or been able to control\npersonal allowance funds to the extent and in the manner required by\nthis section may maintain an action in his own behalf for recovery of\nany such funds, and upon a showing that the funds were intentionally\nmisa
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