[§346D-4.5]  Needs allowance; waiverprogram individuals.  (a)  There may be established a monthly needsallowance for individuals living in:

(1)  Adult residential care home type I and type IIfacilities;

(2)  Licensed developmental disabilities domiciliaryhomes as defined in section 321-15.9;

(3)  Community care foster family homes as defined insection 346-331;

(4)  Certified adult foster homes as defined insection 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 theresidential alternatives community care program.

(b)  The needs allowance may be administered bythe department of human services to pay for clothing and other personal miscellaneousneeds, such as bus fare, personal postage costs, haircuts, and other costs ofday-to-day living.

(c)  The State's supplemental payment for aneeds allowance under subsection (a) shall be increased by an amount necessaryto bring the allowance up to $50 per month.  The payment under this sectionshall be afforded to an individual notwithstanding that the individual isincapacitated; provided that the moneys may be spent on behalf of the client,with a written accounting, by the operator of the residence or facility. [L2007, c 96, §2]