1. (a) Each facility must provide for the safekeeping and accountability of resident funds in accordance with this section and 20 CAR § 410-901(c)(14).
2. (b) A facility may not require the resident to deposit funds with the facility.

3. (c)

   1. (1) The facility must have written policies and procedures for the management of personal funds accounts with an employee designated to be responsible for these accounts.

   2. (2) In addition, the facility shall ensure that:

      1. (A)

4. (i) Each person receiving SSI shall have the opportunity to place personal funds in an account.

   1. (ii) No fee shall be charged by the facility for maintaining these accounts;

      1. (B) Persons who receive SSI are entitled to retain an amount from their income for personal needs consistent with federal requirements;
      2. (C) The facility holds personal funds in trust for the sole use of the residents, and such funds must not be commingled with the funds of the facility or used for any purpose other than for the benefit of the resident;
      3. (D) The personal funds shall be used at the discretion of the resident or responsible party;
      4. (E) The resident may terminate his or her facility-maintained account and receive the current balance within seven (7) calendar days of the termination of the account;
      5. (F) The facility maintains individual records for each resident who has an account that shows all debits and credits to the account, and that maintains a running, current balance;
      6. (G) The facility documents all personal transactions and maintains all paid bills, vouchers, and other appropriate payment and receipt documentation in the manner prescribed by the Department of Human Services or by law;

      7. (H)

         1. (i) If the facility deposits personal allowance funds, they shall be deposited in individual or collective interest bearing, federally insured bank accounts.
         2. (ii) If these accounts are established, the facility must develop a procedure to ensure the equitable distribution of interest to each resident’s account;
      8. (I) At least quarterly, the facility supplies each resident or responsible party who has a personal account with a statement showing all deposits, withdrawals, and current balance of the resident’s personal allowance account;
      9. (J) The facility provides the department access to required resident financial records upon request;
      10. (K) At a minimum, the resident has access to his or her personal allowance account during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday;
      11. (L) The facility does not charge the resident additional amounts for supplies or services that the facility is by law, rule, or agreement required to provide under the basic charge;
      12. (M) Services or supplies provided by the facility beyond those that are required to be included in the basic charge are charged to the person only with the specific written consent of the resident or his or her responsible party; and

      13. (N)

          1. (i) Whenever a resident authorizes a facility to exercise control over his or her personal allowance, such authorization is in writing and signed by the resident or his or her responsible party, and the administrator of the facility or his or her designee.
          2. (ii) Any such money shall not be commingled with the funds or become an asset of the facility or the person receiving the same, but shall be segregated and recorded on the facility’s financial records as independent accounts.
          3. (d) Transfer of resident funds must meet the following requirements:

   2. (1)

      1. (A) At the time of discharge from the assisted living facility, the resident or his or her responsible party or agent shall be provided a final accounting of the resident’s personal account and issued the outstanding balance within seven (7) calendar days of the date of discharge.
      2. (B) If the resident is being transferred to another assisted living facility or healthcare facility, the resident or responsible party shall be given an opportunity to authorize transfer of the balance to a resident account at the receiving facility;
   3. (2) Upon death of a resident, a final statement of the account must be made and all remaining funds shall be transferred to the resident’s estate, subject to applicable state laws;

   4. (3)

      1. (A) Upon change of ownership, the existing owner must provide the new owner with a written statement of all resident personal funds.
      2. (B) This statement shall verify that the balance being transferred in each resident fund account is true and accurate as of the date of transfer; and
   5. (4) At change of ownership, the new owner must assume responsibility for account balances turned over at the change of ownership together with responsibility for all requirements of this section, including holding of resident’s funds in trust.
5. (e) The facility must maintain inventory records and security of all moneys, property, or things of value that the facility agrees to store for the resident outside of the resident’s apartment or unit and that the resident has voluntarily authorized, in writing, the facility to hold in custody or exercise control over at the time of admission or any time thereafter.
6. (f) If a responsible party or payee fails to pay an assisted living facility’s charges or to provide for the resident’s personal needs, the facility shall notify the Adult Protective Services Unit of the Department of Human Services.

Codification Notes: “SSI” means Supplemental Security Income.