Section 346D-4.5 - Needs allowance; waiver program individuals(a) There may be established a monthly needs allowance for individuals living in: (1) Adult residential care home type I and type II facilities;(2) Licensed developmental disabilities domiciliary homes as defined in section 321-15.9;(3) Community care foster family homes as defined in section 321-481;(4) Certified adult foster homes as defined in section 321-11.2;(5) Domiciliary care as defined in section 346-1;(6) A nursing facility; or(7) A community-based residence as part of the residential alternatives community care program.(b) The needs allowance may be administered by the department of human services to pay for clothing and other personal miscellaneous needs, such as bus fare, personal postage costs, haircuts, and other costs of day-to-day living.(c) The State's supplemental payment for a needs allowance under subsection (a) shall be increased by an amount necessary to bring the allowance up to $75 per month. The payment under this section shall be afforded to an individual notwithstanding that the individual is incapacitated; provided that the moneys may be spent on behalf of the client, with a written accounting, by the operator of the residence or facility.(d) The needs allowance is not intended to replace or affect the funds received from the federal supplemental security income program and shall be supplemental to any funds provided to a recipient by the federal supplemental security income program.(e) The operators of facilities identified in subsection (a) shall pay for generic toiletries, including toilet paper, hand soap, and paper towels; linens, including bedding, sheets, blankets, towels, and bath towels; and meals and snacks for outings; provided that operators shall not use the needs allowance without the consent of the individual receiving the needs allowance.(f) The needs allowance shall apply to persons otherwise eligible to receive monthly income pursuant to state law or rules and federal laws or regulations and is not intended to affect the classifications of, or number of, persons eligible to receive these funds.Amended by L 2024, c 18,§ 2, eff. 10/1/2024.Amended by L 2023, c 109,§ 4, eff. 6/22/2023.Amended by L 2012, c 93, § 5, eff. 7/1/2014.