3816.1 No Residence Director or licensee shall increase the fee for care in a MHCRF more than once within a twelve (12) month period, unless the following occurs:

1. (a) The increase is justified in writing;
2. (b) The increase is caused by an unusual escalation in the expense of the facility or services to the resident; and
3. (c) The resident is given sixty (60) days notice of the effective date of the increase in writing.

3816.2 Each MHCRF shall permit each resident to bring reasonable personal possessions and furnishings to his or her living quarters in the MHCRF unless the MHCRF can demonstrate that it is not practical, feasible, or safe.

3816.3 Each MHCRF shall take appropriate measures to safeguard and account for personal articles brought by a resident. Each MHCRF shall inventory the articles and provide a copy of the inventory, signed by the resident and staff, to the resident.

3816.4 The MHCRF shall provide the resident, his conservator or legal guardian, if any, with a receipt for all personal property held by it for safekeeping.

3816.5 Each MHCRF shall maintain a separate and accurate record of all funds and personal property, deposited with the MHCRF for safekeeping or managed by the MHCRF for the benefit of the resident. That record shall include the following:

1. (a) The date, amount of all money, and value of all property received;
2. (b) The date and amount of each withdrawal by the resident or disbursement by the MHCRF for the resident's benefit, including signed receipts;
3. (c) The items or purposes for which disbursements were made by the MHCRF;
4. (d) The current balance; and
5. (e) Signatures of the resident and facility staff.

3816.6 Each MHCRF shall make a copy of the record required in subsection 3816.5 available to the resident, his conservator or legal guardian, if any, on a quarterly basis, when the resident is to

be transferred or discharged from the facility, or upon the resident's request.

3816.7 No Residence Director or employee of a MHCRF shall require a resident to give, transfer, or assign to the Residence Director or an employee an interest in or title to any property owned by the resident, nor shall the Residence Director or employee of the MHCRF accept any such gift, transfer, or assignment. This provision shall not apply to funds used for care of the resident as agreed in §3801.3 where the Residence Director is the representative payee.

3816.8 Nothing in this section shall be construed to prohibit a Residence Director from requiring a resident to pay the sum of money for his or her care that has been agreed upon in writing as set forth in §3801.3.

3816.9 Upon admission of a resident, each MHCRF shall explain to the resident or his conservator or legal guardian, the option as to the manner in which the resident's personal allowance funds shall be handled during her or his stay at the residence. Each MHCRF shall obtain written authorization from the resident or his conservator or legal guardian, before handling or managing the resident's personal funds, which shall be reviewed at least annually.

3816.10 Upon each resident's discharge from the MHCRF, the residence shall promptly provide the remaining personal allowance funds or personal property to the resident or her or his conservator, guardian or legal representative. The resident, conservator, guardian or legal representative may be required to sign a statement acknowledging the receipt of the funds. A copy shall be placed in the resident's record.

3816.11 Each MHCRF shall encourage residents to wear their own clothing, which should be appropriate, clean, and seasonable.

SOURCE: Final Rulemaking published at 42 DCR 569, 583 (January 27, 1995).