N.Y. Mental Hyg. Law § 33.07
In the event that a director of a department facility receives a lump sum retroactive payment of a federal or state benefit on behalf of a person in the director's capacity as representative payee and the receipt of such funds would, in combination with other funds held on behalf of such person, make the person ineligible for government benefits, such director shall, to the extent permissible by law, apply the funds in excess of the appropriate eligibility level to the person's personal needs or seek to place such excess funds into a qualifying Medicaid exception trust, including a special needs trust, or similar device; provided, however, that, for purposes of this section, the term "lump sum retroactive payment" shall not apply to any payment that exceeds the expected monthly recurring amount where such excess is due to a delay in processing an application, changing a representative payee or similar administrative delay. The director of a department facility shall ensure that the treatment team meet with, and determine the current and future personal needs of, the person receiving services. For purposes of this section, a treatment team is one that is responsible for the following, including but not limited to, clinical assessments, treatment plan development, any necessary discharge planning, and personal expenditure planning.
[Repealed Effective 6/30/2027]
The commissioners of mental health, developmental disabilities, and alcoholism and substance abuse services shall post on the offices' respective websites, in a prominent location, the applicable standards, regulations and/or policies established pursuant to this section.[Repealed Effective 6/30/2027]
Upon request by a person receiving services from a department facility, his or her guardian, qualified persons, as defined by section 33.16 of this article, or other legally authorized representative, the director of such facility shall, on a quarterly basis, make a statement of deposits and disbursements from the personal account of the person receiving services available for review.[Repealed Effective 6/30/2027]
The office of mental health and the office for people with developmental disabilities and mental hygiene legal service shall collaboratively review, at least annually, the management of funds which a department facility director receives as a representative payee or of funds received pursuant to section 29.23 of this title. In such review, the office of mental health and the office for people with developmental disabilities shall make available final federal reviews regarding facility directors' handling of federal benefits and other related documents to aid the proper conduct of such review.[Repealed Effective 6/30/2027]
The office of mental health and the office for people with developmental disabilities shall, by the fifteenth day of December of each year, commencing on December fifteenth, two thousand eleven, submit and publish on its official website, a report to the governor, speaker of the assembly, temporary president of the senate, chair of the assembly committee on mental health, and the chair of the senate committee on mental health, detailing how persons' federal benefits are being utilized.N.Y. Mental Hyg. Law § 33.07