(a) All persons residing in facilities for which an operating
certificate is required pursuant to this article shall be entitled to an
exemption from income as a personal needs allowance in the following
amounts:
1. For persons residing in family care, community residences or
schools for persons with developmental disabilities, the amount
specified in subdivision one of section one hundred thirty-one-o of the
social services law.
2. For persons residing in intermediate care facilities, the amounts
set forth in subparagraph ten of paragraph a of subdivision two of
section three hundred sixty-six of the social services law.
(b) Any person residing in a facility for which an operating
certificate is required pursuant to this article who has no income, or
who has otherwise non-exempt income in an amount less that the
appropriate amount pursuant to subdivision (a) of this section, shall be
eligible for a state payment in an amount equal to subdivision (a) of
this section less the amount of the person's otherwise non-exempt
income.
Structure New York Laws
Title C - Developmental Disabilties Act
Article 16 - Regulation and Quality of Services
16.00 - Regulation and Quality Control of Services for Individuals With Developmental Disabilties.
16.01 - Evaluation of Services for Persons With Developmental Disabilities.
16.03 - Operating Certificate Required.
16.05 - Issuance of Operating Certificates.
16.09 - Approval of New Construction.
16.11 - Oversight of Facilities and Services.
16.13 - Duties of Providers of Services.
16.17 - Suspension, Revocation, or Limitation of an Operating Certificate.
16.19 - Confinement, Care and Treatment of Persons With Developmental Disabilities.
16.27 - Residential Facilities; Receivership.
16.29 - Abuse, Neglect, and Significant Incidents Involving Vulnerable Persons.
16.31 - Monthly Personal Allowances.
16.32 - Improper Expenditure of Moneys.
16.33 - Review of Criminal History Information Concerning Certain Prospective Employees.
16.34 - Certain Information Regarding Persons Working With People With Developmental Disabilities.
16.35 - Developmental Disabilities Services Quality Improvement Demonstration Program.