Section 398.1 Definition. State Supplemental Personal Needs Allowance

(SS/ PNA) means a grant of assistance to meet the additional personal needs of individuals who are receiving or are eligible to receive Federal supplemental security income (SSI) payments and/or additional State payments and who are residing in a residential health care facility regulated pursuant to the provisions of article 28 of the Public Health Law.

398.2 Factors of eligibility. In order to be eligible for SS/PNA, an individual shall:

(a) be a resident of the State of New York;

(b) be eligible for or in receipt of SSI benefits and/or additional State payments;

(c) reside in a residential health care facility regulated under article 28 of the Public Health Law; and

(d) have no countable income, earned or unearned, other than the Federal SSI grant provided to residents of medical facilities for whom the Medical Assistance Program pays at least 50 percent of the cost of care.

398.3 Determination of eligibility. The department shall determine and redetermine each individual's eligibility for SS/PNA on the basis of the data supplied by the Federal Social Security Administration through the State Data Exchange (SDX).

398.4 Granting of SS/PNA. Effective January 1, 1988, eligible persons are entitled to a cash benefit of $25 each month to be paid each month either directly by the department or in whole or in part by the Federal Social Security Administration under an agreement with the department. That part of the benefits authorized by this section which are not paid by the Federal Social Security Administration will be paid by the department.