Section 209. Eligibility

1. (a) An individual shall be eligible to receive
  additional state payments if he:
    (i) is over sixty-five years of age, or is blind or disabled; and
    (ii) does not have countable income in an amount equal to  or  greater
  than  the  standard  of  need  established  in  subdivision  two of this
  section; and
    (iii) does not have countable resources  in  an  amount  equal  to  or
  greater  than  the  amount of resources an individual or couple may have
  and remain eligible for supplemental security income  benefits  pursuant
  to federal law and regulations of the department; and
    (iv)  is a resident of the state and is either a citizen of the United
  States or is not an alien who is or  would  be  ineligible  for  federal
  supplemental security income benefits solely by reason of alien status.
    (b)  A  person  who is properly receiving supplemental security income
  benefits shall be deemed to have met the eligibility criteria  contained
  in   subparagraphs  (i),  (ii)  and  (iii)  of  paragraph  (a)  of  this
  subdivision.
    (c) A  person  who,  for  the  month  of  December,  nineteen  hundred
  seventy-three, properly received a grant of assistance under the state's
  program  of  old  age  assistance,  assistance  to the blind, aid to the
  disabled or the combined program of aid  to  aged,  blind  and  disabled
  persons,  shall  be  deemed to have met the eligibility criteria of this
  subdivision; provided, however, that a disabled person who did not  also
  receive  such  a  grant  for  any  month prior to July, nineteen hundred
  seventy-three, shall not be deemed to have met such eligibility criteria
  under this paragraph.  A  person  who  is  deemed  eligible  under  this
  paragraph  shall  continue to be deemed to meet the eligibility criteria
  of this subdivision so long as he continues to be blind or disabled,  as
  the  case  may  be,  pursuant  to state standards in effect for October,
  nineteen hundred seventy-two, and so long as he continues to  reside  in
  the state.
    (d)  Any  inconsistent  provision  of  this  title notwithstanding, an
  individual shall not be eligible  for  additional  state  payments  with
  respect to any month, if throughout such month, (i) he is an inmate of a
  public  institution, or (ii) he is an inmate in a medical facility which
  is receiving medical assistance payments for him at  a  level  exceeding
  fifty  per  cent  of the cost of his care, or (iii) he is an inmate in a
  medical facility which  is  not  certified  under  the  state's  medical
  assistance  program.  Nor shall an individual be eligible for additional
  state payments for any month in which he is ineligible for  supplemental
  security  income  benefits  because  of  a  failure  to  file  for other
  non-public assistance benefits to which he might be entitled, or because
  of  a  refusal  to  participate  in  treatment  for  drug  addiction  or
  alcoholism  or because he has remained outside the United States for all
  of such month, or because he has refused vocational rehabilitation.
    2. The following amounts shall be the standard  of  monthly  need  for
  determining eligibility for and the amount of additional state payments,
  depending  on  the type of living arrangement and the geographic area in
  which the eligible individual or the eligible couple resides:
    (a) On and after January first, two thousand  nine,  for  an  eligible
  individual  living  alone,  $761.00;  and  for an eligible couple living
  alone, $1115.00.
    (b) On and after January first, two thousand  nine,  for  an  eligible
  individual  living  with others with or without in-kind income, $697.00;
  and for an eligible couple living with others with  or  without  in-kind
  income, $1057.00.
    (c) On and after January first, two thousand nine, (i) for an eligible
  individual receiving family care, $940.48 if he or she is receiving such

  care  in  the  city  of  New  York  or  the  county  of Nassau, Suffolk,
  Westchester or Rockland; and  (ii)  for  an  eligible  couple  receiving
  family  care  in  the city of New York or the county of Nassau, Suffolk,
  Westchester  or Rockland, two times the amount set forth in subparagraph
  (i) of this paragraph; or (iii) for  an  eligible  individual  receiving
  such  care  in  any  other county in the state, $902.48; and (iv) for an
  eligible couple receiving such care in any other county  in  the  state,
  two times the amount set forth in subparagraph (iii) of this paragraph.
    (d) On and after January first, two thousand nine, (i) for an eligible
  individual  receiving  residential  care,  $1109.00  if  he  or  she  is
  receiving such care in the city of New York or  the  county  of  Nassau,
  Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
  receiving residential care in the city of New  York  or  the  county  of
  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
  in  subparagraph  (i)  of  this  paragraph;  or  (iii)  for  an eligible
  individual receiving such  care  in  any  other  county  in  the  state,
  $1079.00;  and  (iv)  for  an eligible couple receiving such care in any
  other  county  in  the  state,  two  times  the  amount  set  forth   in
  subparagraph (iii) of this paragraph.
    (e) (i) On and after January first, two thousand nine, for an eligible
  individual  receiving  enhanced residential care, $1368.00; and (ii) for
  an eligible couple receiving enhanced residential care,  two  times  the
  amount set forth in subparagraph (i) of this paragraph.
    * (f)  (i) The amounts set forth in paragraphs (a) through (e) of this
  subdivision shall be increased  to  reflect  any  increases  in  federal
  supplemental  security  income benefits for individuals or couples which
  become effective on or after January first, two thousand nine but  prior
  to June thirtieth, two thousand nine.
    (ii)  In addition to the amounts set forth in subparagraph (i) of this
  paragraph, on and after January first, two thousand nine, the additional
  state payment portion of the amounts set forth in  subparagraph  (i)  of
  paragraph  (e)  of  this  subdivision shall be annually increased by the
  same percentage of any federal  supplemental  security  income  cost  of
  living adjustment which becomes effective on or after January first, but
  prior  to  June thirtieth, of each calendar year, rounded to the nearest
  whole dollar.
    * NB Effective until December 31, 2009
    * (f) The amounts set forth in paragraphs  (a)  through  (e)  of  this
  subdivision  shall  be  increased  to  reflect  any increases in federal
  supplemental security income benefits for individuals or  couples  which
  become  effective  on or after January first, two thousand ten but prior
  to June thirtieth, two thousand ten.
    * NB Effective December 31, 2009
    * (g) The amounts set forth in paragraphs  (a)  through  (d)  of  this
  subdivision  and the amounts set forth in subparagraph (ii) of paragraph
  (e) and subparagraph (ii) of paragraph (f) of this subdivision as  added
  by section forty-six of part C of chapter fifty-eight of the laws of two
  thousand  five  shall  be  increased to reflect any increases in federal
  supplemental security income benefits for individuals or  couples  which
  become  effective  on or after January first, two thousand six but prior
  to June thirtieth, two thousand six; provided, however, that the amounts
  set forth in paragraphs (c),  (d)  and  (f)  of  this  subdivision  with
  respect  to  eligible couples shall be increased by an amount sufficient
  to establish standards for couples that are equal to twice the  increase
  hereunder for eligible individuals.
    * NB Effective and repealed December 31, 2009
    2-a.  Notwithstanding  any inconsistent provision of subparagraph (ii)
  of paragraph (d) of subdivision one of this section, an  individual  who

  is  receiving  or  is  eligible to receive federal supplemental security
  income payments and/or additional state payments and who is  a  resident
  of a residential health care facility as defined by section twenty-eight
  hundred  one  of  the  public  health  law,  shall,  in  accordance with
  regulations of the department,  be  entitled  to  a  state  payment  for
  personal  needs  in  the  amount  of  fifteen dollars a month, provided,
  however, that on or after January first, nineteen  hundred  eighty-eight
  the  state  payment  for personal needs for such persons shall be in the
  amount of twenty-five dollars a month. Notwithstanding any  inconsistent
  provision  of  subparagraph  (ii) of paragraph (d) of subdivision one of
  this section, on or after January first, nineteen hundred  eighty-eight,
  a  resident  of  an  intermediate  care  facility  operated or issued an
  operating  certificate  by  the  office  of   mental   retardation   and
  developmental  disabilities  or  a patient of a hospital operated by the
  office of mental health as defined in subdivision ten of section 1.03 of
  the mental hygiene law who  is  receiving  or  is  eligible  to  receive
  supplemental  security  income payments and/or additional state payments
  shall receive a state payment for personal needs in the amount  of  five
  dollars  a  month.  The department is authorized to promulgate necessary
  regulations to provide for the time  and  manner  for  payment  of  such
  personal allowance to such individuals.
    3. As used in subdivision two of this section:
    (a)  "Living  alone" shall mean living in a private household composed
  of one eligible individual or one eligible couple.
    (b) "Living with others" shall mean  living  in  a  private  household
  composed  of  an  eligible  individual  or couple and at least one other
  person; or, with respect to any child who is not the head of a household
  and who is under the age of eighteen, or under the age of twenty-two  if
  attending  school, any living arrangement other than residential care in
  a facility operated or licensed by an office of the department of mental
  hygiene.
    * Notwithstanding any inconsistent provision of law, persons  residing
  in family care homes operated or licensed by the office of mental health
  or  the  office of mental retardation and developmental disabilities who
  receive personal care services pursuant to the federal  social  security
  act  and  regulations  issued  thereunder whenever (i) approval has been
  received from the budget director, (ii) such personal care services  are
  provided  in  accordance  with  rules and regulations promulgated by the
  department, and (iii) federal aid under title XIX of the federal  social
  security  act  is  available therefor, shall be considered to be "living
  with others"  as  described  in  this  paragraph  for  the  purposes  of
  determining   the  amount  of  additional  state  payments  pursuant  to
  subdivision two of this section.
    * NB Expired June 30, 1983
    * (c) "Receiving family care" shall mean residing  in  a  family  type
  home for adults which is certified by the department and supervised by a
  social  services  district,  in accordance with applicable provisions of
  law and regulations, or a family care home certified by the  appropriate
  office   of  the  department  of  mental  hygiene,  in  accordance  with
  applicable provisions of law  and  regulations  or  participating  in  a
  foster  family  care  demonstration  program  pursuant  to section three
  hundred sixty-four-h of this chapter.
    * NB Effective until December 31, 2013
    * (c) "Receiving family care" shall mean residing  in  a  family  type
  home for adults which is certified by the department and supervised by a
  social  services  district,  in accordance with applicable provisions of
  law and regulations, or a family care home certified by the  appropriate

  office   of  the  department  of  mental  hygiene,  in  accordance  with
  applicable provisions of law and regulations.
    * NB Effective December 31, 2013
    (d)  "Receiving  residential  care" shall mean residing in a residence
  for adults or a  privately  operated  community  residence,  residential
  substance  abuse treatment program or community residential facility for
  alcoholism, certified by the appropriate office  of  the  department  of
  mental hygiene; or a residential care center for adults certified by the
  office   of  mental  health,  in  accordance  with  applicable  law  and
  regulations. For the purpose of this paragraph, a person receiving  care
  in  an intermediate care facility, certified by the department of health
  or by the appropriate office of the department  of  mental  hygiene,  or
  receiving   respite  services  shall  not  be  deemed  to  be  receiving
  residential care.
    (e) "Receiving enhanced residential care" shall  mean  residing  in  a
  privately  operated school for the mentally retarded and developmentally
  disabled which is certified by the  office  of  mental  retardation  and
  developmental  disabilities  of  the  department  of  mental hygiene, in
  accordance with applicable provisions of law and regulations or an adult
  home, or enriched housing program certified by the department of  health
  in  accordance  with applicable law, rules and regulations to the extent
  permitted by federal law and regulations.
    4. An eligible individual or an eligible couple shall be  entitled  to
  receive  monthly  an  additional state payment in an amount equal to the
  difference between the monthly  standard  of  need  applicable  to  such
  individual  or  couple  and  the  sum  of  such individual's or couple's
  supplemental security income benefit plus countable income.
    5. If necessary in order to comply with or reflect changes in  federal
  law,  or  to  take  full  advantage of available federal funding for the
  purposes of this title, or to remain qualified for federal funding under
  any other program, the department may, by regulation, with the  approval
  of  the  director  of  the  budget,  change the amounts specified as the
  standard of need in subdivision two of this section, or provide that any
  portion of the supplemental security income benefit  be  disregarded  in
  determining  the amount of the additional state payment. Any such change
  in the amounts of the standards of need or  in  the  amounts  to  be  so
  disregarded  shall  remain effective only until the first day of July of
  the year next succeeding the year  in  which  such  change  is  to  take
  effect, unless such change is enacted into law prior to such date.
    6.  (a) As applicable federal law, rules and regulations so provide, a
  recipient of supplemental security income benefits or medical assistance
  in the state of New York or any other state may establish an irrevocable
  trust fund for the exclusive purpose of their funeral and  burial.  Such
  trust  fund  and any accumulated interest not withdrawn by the recipient
  shall remain the responsibility of the funeral firm,  funeral  director,
  undertaker,  cemetery  or  any other person, firm or corporation to whom
  such payment is made to administer for funeral and  burial  expenses  of
  the  recipient.  Those  persons who establish such a trust fund shall be
  given the opportunity to select  the  funeral  firm,  funeral  director,
  undertaker,  cemetery  or  any other person, firm or corporation to whom
  such payment is made  of  their  choice  to  provide  for  their  burial
  arrangements  and  to  change  such selection at any time to any funeral
  firm, funeral director, undertaker, cemetery or any other  person,  firm
  or corporation to whom such payment is made, located either in the state
  of New York or any other state. Any such change of funeral firm, funeral
  director, undertaker, cemetery, or any other person, firm or corporation
  to  whom  such  payment is made, must be carried out within ten business
  days following receipt of a request by  the  purchaser  to  the  funeral

  firm,  funeral director, undertaker, cemetery, or any other person, firm
  or corporation to whom such payment is made with which the current trust
  fund was established. Funds in such trust fund shall  be  placed  in  an
  interest bearing account pursuant to section four hundred fifty-three of
  the  general  business law. Accumulated interest from such account shall
  not be reported as "countable income" pursuant to  section  two  hundred
  eight of this title.
    (b) An applicant for or a recipient of medical assistance in the state
  of  New York or any other state who enters into an agreement pursuant to
  section four hundred fifty-three  of  the  general  business  law  shall
  establish  a  single irrevocable trust fund pursuant to paragraph (a) of
  this subdivision.
    (c) A funeral firm, funeral director,  undertaker,  cemetery,  or  any
  other  person,  firm  or  corporation  which  makes an agreement for and
  accepts payment for such an irrevocable trust fund,  shall  comply  with
  the  provisions  of  section  four  hundred  fifty-three  of the general
  business law, and shall include the  following  statement  in  any  such
  agreement in conspicuous print of at least twelve point type:
                                 DISCLOSURE
    NEW  YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS
  FOR RECEIPT OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO  HUNDRED
  NINE  OF  THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER SECTION
  THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR  THE  MONEYS
  PUT  INTO  A  TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL AND
  BURIAL EXPENSES. IF ANY MONEY IS LEFT OVER AFTER YOUR FUNERAL AND BURIAL
  EXPENSES HAVE BEEN PAID, IT WILL GO TO THE COUNTY. YOU MAY  CHANGE  YOUR
  CHOICE OF FUNERAL HOME AT ANY TIME.
    (d)  Any promotional literature prepared after January first, nineteen
  hundred ninety-seven by a funeral firm,  funeral  director,  undertaker,
  cemetery,  or  any  other  person,  firm  or corporation for prearranged
  funeral  and  burial  services  must  contain  language  disclosing  the
  irrevocable  nature  of  burial  trusts  established for an applicant or
  recipient  of  supplemental  security   income   benefits   or   medical
  assistance.