[§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 346-331;



(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 as defined in section 346E-1;
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 $50 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. [L
2007, c 96, §2]