N.Y. Comp. Codes R. & Regs. Tit. 18 § 368.4 - Financial factors

(a) Financial need. The need for public assistance of all persons who are aged, blind or disabled shall be determined in accordance with department regulations.

(b) Exploration of income and resources. All income and resources shall be indicated on the application form and evaluated as to their immediate and/or potential availability to remove or reduce need for assistance and utilized for such purpose in accordance with applicable regulations of the department. When a clear, consistent statement of financial need and resources cannot be obtained, a full field investigation by the validation staff shall be made.

(1) Residents of private institution. When an applicant is a resident of a private non- profit institution, such as a home for the aged or blind, or a home for adults, determination shall be made as to: the basis upon which he was admitted, particularly whether the home is obligated to provide care and maintenance by the terms of a contract, by the provisions of the charter of the home, or by conditions and restrictions on gifts and bequests made to the home: resources possessed at admission or acquired during residence and their disposition; and provision of special medical care and burial.

(i) A resident is not eligible for assistance if and so long as the home is obligated to provide for all his needs and the home is able to fulfill its obligation. If it is determined that the home is unable to fulfill its obligation to the resident, this obligation may, with the approval of the department, be considered to be suspended while the home's inability continues. In such instances, as well as in instances where the home's obligation has terminated, as when a contract has been fully performed by the home or has been terminated by agreement of the parties, determination of eligibility shall be made as for any other applicant. This shall include determination as to whether or not resources assigned, donated or contributed to the home have been exhausted for the maintenance of the applicant prior to his application for public assistance.

(ii) For the applicant resident in a home on the basis of a non-life care contract, resources deposited with the institution shall be investigated to determine to what extent they have been used to meet the cost of his care and to provide burial reserve. Until the resources exclusive of burial reserve have been exhausted on this basis, there is no eligibility for public assistance while the applicant is a resident of the home, except when his contract with the home is considered suspended. If the applicant had such an arrangement but has left the institution, there shall be a determination as to any unused resources and their availability to him.

(2) Admission to an institution. A social services official shall include in the exploration and evaluation of resources the availability and suitability of care in a private home for the aged or a private institution for adults for which an applicant may be eligible because of membership in a fraternal organization or other association or in a government home or institution for which an applicant may be eligible because of veteran status. Since admission to such a home or institution is voluntary, this resource is not to be considered available if the individual is unwilling to use such facilities.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 18 § 368.4