(a)

1. (1) A beneficiary must have full use and access to their own funds or other assets.

2. (2) A provider may not limit a beneficiary’s use or access to their own funds or other assets unless:

   1. (A) The beneficiary or, if applicable, the beneficiary’s legal guardian, provides informed written consent; or
   2. (B) The provider otherwise has the legal authority.

3. (3) A provider is deemed to be limiting a beneficiary’s use or access to the beneficiary’s own funds and assets when:

   1. (A) Designating the amount of funds a beneficiary may use or access;
   2. (B) Limiting the amount of funds a beneficiary may use for a particular purpose; and
   3. (C) Limiting the timeframes during which a beneficiary may use or access their funds or other assets.

(b)

1. (1) A provider may use, manage, or access a beneficiary’s funds or other assets only when:

   1. (A) The beneficiary or, if applicable, the beneficiary’s legal guardian, has provided informed written consent; or
   2. (B) The provider otherwise has the legal authority.

2. (2) A provider is deemed to be managing, using, or accessing a beneficiary’s funds or other assets when:

   1. (A) Serving as a representative payee of a beneficiary;
   2. (B) Receiving benefits on behalf of a beneficiary; and
   3. (C) Safeguarding funds or personal property for a beneficiary.
3. (3) A provider may only use, manage, or access a beneficiary’s funds or other assets for the benefit of the beneficiary.
4. (4) A provider may only use, manage, or access a beneficiary’s funds or other assets to the extent permitted by law.
5. (5) A provider must safeguard beneficiary funds or other assets whenever a provider manages, uses, or has access to a beneficiary’s funds or other assets.
6. (6) A provider must ensure that a beneficiary receives the benefit of the goods and services for which the beneficiary’s funds or other assets are used.

(c)

1. (1) A provider must maintain financial records that document all uses of a beneficiary’s funds or other assets.
2. (2) Financial records for beneficiary funds must be maintained in accordance with generally accepted accounting practices.
3. (3) A provider must make beneficiary financial records available to a beneficiary or a beneficiary’s legal guardian upon request.

(d)

1. (1) A provider must maintain separate accounts for each beneficiary whenever the provider uses, manages, or accesses beneficiary funds or other assets.

2. (2)

   1. (A) Every beneficiary is not required to have a separate commercial bank account.
   2. (B) A single, collective commercial bank account may be used to hold the personal funds of multiple beneficiaries so long as the provider uses an accounting system that maintains a separate record for each beneficiary‘s deposit and withdrawal transactions from the single, collective commercial bank account.
3. (3) All interest derived from a beneficiary’s funds or other assets shall accrue to the beneficiary’s account.