(b) The facility shall administer the resident’s personal funds account as follows:

1. (1) All personal funds deposited by residents in personal funds account shall be held in trust for the benefit of the residents;
2. (2) A resident’s personal funds shall not be commingled with the funds of the facility or licensee or used by the facility other than for the benefit of the resident;
3. (3) The facility may commingle personal funds deposited by residents, but shall maintain individual records for each resident showing all deposits, withdrawals, and the current balance;
4. (4) The facility shall provide residents access to their personal funds account during regular posted hours Monday through Friday;
5. (5) The facility shall document all personal funds transactions and maintain copies of all paid bills, vouchers, and other payment and receipt documentation;

6. (6)

   1. (A) The facility may deposit resident’s personal funds into individual or collective federally insured accounts, which do not need to be interest bearing.
   2. (B) If the funds are deposited into interest-bearing accounts, the facility shall develop a procedure to prorate equitably interest to each resident;

7. (7) Upon request, the facility shall supply any resident who has a personal funds account with a statement showing:

   1. (A) All deposits and withdrawals; and
   2. (B) The current balance of the resident’s personal funds;
8. (8) Within seventy-two (72) hours of receiving a request from a resident or the resident’s sponsor, the facility shall pay to the resident the balance of the resident’s personal funds account; and
9. (9) The facility shall provide the Office of Long-Term Care with access during normal business hours to all records of resident’s personal funds account.

(c) The resident’s personal funds account shall be used as follows:

1. (1) The personal funds shall, at the discretion of the resident, be used in obtaining clothing, personal hygiene items, and any other supplies, services, entertainment, or transportation for personal use not otherwise provided by the facility pursuant to the admission agreement or required by this part;
2. (2) The facility shall not demand, require, or contract for payment of all or any part of the personal funds in satisfaction of the facility rate for supplies or services;

3. (3)

   1. (A) The facility shall not charge the resident for supplies or services that the facility is by law, rule, or the admission agreement required to provide.
   2. (B) This also applies to medical supplies or services for which payment is known to be available for the resident under:

(i) Medicare;

1. (ii) Medicaid; or

   1. (iii) Other third party coverage; and

2. (4)

   1. (A) Services or major items of equipment provided by the facility beyond those required by law, rule, or the admission agreement may be charged to the resident only with the specific written consent of the resident or the resident’s sponsor unless the supplemental services or supplies are necessitated by changes in the resident’s condition.

   2. (B)

      1. (i) The resident shall be furnished with an itemized statement setting forth the charges for such services or supplies provided by the facility.
      2. (ii) Such statement shall be provided to the resident in advance except in an emergency.
      3. (d)

3. (1) At the time of discharge of a resident from the facility, the resident or the resident’s sponsor shall be:

   1. (A) Provided a final accounting of the resident’s personal funds account; and
   2. (B) Issued a check for the balance.
4. (2) Upon the death of a resident, a final accounting of the resident’s personal funds account and a check for the balance shall be given to the resident’s estate, subject to state law.

(e)

1. (1) Upon change of ownership, the existing licensee shall provide the new owner with a written statement of all residents’ personal funds.
2. (2) This statement shall verify that the balance being transferred in each resident’s personal fund account is true and accurate as of the date of transfer.
3. (3) At change of ownership, the new owner shall assume responsibility for residents’ personal funds account balances turned over at the change of ownership, together with responsibility for all requirements of this section, including holding of a resident’s personal funds in trust.