411-085-0350 Residents’ Rights: Personal Funds (1) RESIDENT HELD FUNDS. The resident has the right to manage his or her financial affairs and the facility may not require residents to deposit personal funds with the facility. (2) FACILITY HELD FUNDS. (a) Resident Request. The facility must hold, safeguard, manage, and account for the personal funds of the resident when requested in writing. The resident must be fully informed of the facility's system for protecting personal funds. When the resident requests the facility hold such funds, the facility must ensure the request is in writing. (b) Accounting System. The facility must establish and maintain a system that assures a full and complete and separate accounting, according to generally accepted accounting principles, of each resident's personal funds entrusted to the facility. The system may allow resident funds to be pooled together, however, it must preclude any commingling of resident funds with facility funds. (c) Report to Resident. The facility must provide a copy of the individual financial record to the resident no less often than quarterly and upon the request of the resident. The statement must include the following information: (A) Identification number and location of the account in which the resident's personal funds have been deposited. (B) The resident's account balance at the beginning of the statement period. (C) A listing of each deposit and withdrawal, to and from the resident's account. Each withdrawal must include an explanation of the reason for the withdrawal (e.g., If money is requested by the resident, facility may document "resident request"). (D) The interest earned, if any, and the current interest rate. (E) The ending balance. (d) Resident Control of Funds. The facility must take all reasonable precautions to ensure the resident's funds are handled according to the resident's wishes. If the resident's wishes are unable to be determined, funds must be handled in accordance with the best interests of the resident. (e) Resident Access to Funds. The facility must allow residents access to funds on weekdays, (Monday through Friday, excluding holidays) during business office hours, (no less than six hours per day) and at least two hours per day on all other days. (f) Funds Under $50. The facility may hold up to $50 for each resident in a non-interest-bearing, petty cash fund. All resident funds held by the facility that are not in the petty cash fund must be deposited in an interest-bearing account as described in subsection (g) of this rule. (g) Funds $50 and over. (A) Whenever money held by the facility for a resident exceeds $50, the excess above $50 must, within 7 days of receipt, be deposited in the resident's interest-bearing account, unless the money is managed in a Trust and Agency Account held by the Department. (B) If the interest-bearing account for residents is pooled, the facility must have a system that accurately and promptly allocates earned interest to the appropriate resident. (h) SSI Resource Limit Exceeded. The facility must notify any resident receiving Medicaid benefits whenever his or her account reaches within $200 of the SSI resource limit for one person; and that, if the amount in the account and the value of the resident's non-exempt resources reaches the SSI resource limit for one person, the resident may lose eligibility for Medicaid or SSI. (i) Death of Resident. Upon the death of a Medicaid or General Assistance resident with no known surviving spouse, any personal incidental funds held by the facility for the resident must be forwarded to the Department of Human Services, Estate Administration Unit, P.O. Box 14021, Salem, OR 97309, within 10 business days of the death of the resident. The facility must maintain documentation of the action taken and the amount of funds conveyed. (j) Surety Bond. The licensee must purchase a surety bond, or provide self-insurance to assure the security of all personal funds of residents deposited with the facility. The amount of the bond must be sufficient to cover the highest amount of the account with resident funds, plus the petty cash funds, during the previous 12 months. (3) CHANGE OF OWNERSHIP OR LICENSEE. At the time of a change of ownership or licensee, the new owner or licensee must ensure: (a) Written Accounting of Funds. Each resident or delegate receives a written accounting of his or her funds held by the facility at the time of the change. A copy of the written accounting for each resident must be provided to the local APD or Type B AAA. (b) Resident Wishes Respected. That the wishes of each resident regarding management of facility held funds is determined and documented (see OAR 411-070-0095 for Medicaid clients), and that funds held by the prior owner or licensee are transferred to the new owner or licensee, or to another party designated by the resident. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055 & 441.615 History: APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SPD 26-2004, f. 7-30-04, cert. ef. 8-1-04 SDSD 9-2001, f. 11-30-01, cert. ef. 12-1-01 SDSD 13-1999, f. 12-30-99, cert. ef. 1-1-00 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90