(a)

1. (1) In the event of the death of a resident, the facility administrator shall within thirty (30) days of the resident’s death provide an accounting and shall return all refunds and funds held in trust as detailed below.

2. (2)

   1. (A) The administrator must determine if a personal representative has been appointed for the resident.
   2. (B) If one has been appointed, then the personal trust funds shall be disbursed to that personal representative.
   3. (C) If no such personal representative exists, then the facility administrator should disburse the funds to the named beneficiary designated by the resident on the form provided by the long-term care facility or surviving spouse.

3. (3)

   1. (A) If a personal representative, surviving spouse, or named beneficiary does not exist or cannot be located at the time of disbursement, the facility administrator shall deposit the funds into an interest bearing account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, located within the same county in which the facility is located.
   2. (B) The long-term care facility needs to maintain only one (1) account in which the trust funds amounting to less than one hundred dollars ($100) of deceased residents are placed.
   3. (C) However, it shall be the obligation of the long-term care facility to maintain adequate records to permit compilation of interest due each individual resident’s account.
   4. (D) Separate accounts shall be maintained with respect to trust funds of deceased residents equal to or in excess of one hundred dollars ($100).
   5. (E) The facility shall maintain such account until such time as the trust funds are disbursed pursuant to the provisions of Arkansas’s Probate Code.

(b)

1. (1) At the time the funds are disbursed, the nursing facility should notify the Department of Human Services of the account on the Deceased Resident Personal Trust Fund Form.
2. (2) If the resident trust fund is disbursed to a personal representative, a surviving spouse, or a named beneficiary, a Beneficiary Receipt Form should be completed and a copy submitted along with the Deceased Resident Personal Trust Fund Form.