210 ILCS 45/2-201
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article II - Rights And Responsibilities

 (from Ch. 111 1/2, par. 4152-201)Sec. 2-201. To protect the residents' funds, the facility:(1) Shall at the time of admission provide, in order of priority,  each resident, or the resident's guardian, if any, or the resident's  representative, if any, or the resident's immediate family member,  if any, with a written statement explaining to the resident and to the  resident's spouse (a) their spousal impoverishment rights, as defined at  Section 5-4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic  Coverage Act of 1988 (P.L. 100-360), (b) their obligation to comply with the asset and income disclosure requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder, except that this item (b) does not apply to facilities operated by the Illinois Department of Veterans' Affairs that do not participate in Medicaid, and (c) the  resident's rights regarding personal  funds and listing the services for which the resident will be charged. The  facility shall obtain a signed acknowledgment from each resident or the  resident's guardian, if any, or the resident's representative, if any, or  the resident's immediate family member, if any, that such person has  received the statement and understands that failure to comply with asset and income disclosure requirements may result in the denial of Medicaid eligibility.(2) May accept funds from a resident for safekeeping and managing, if  it receives written authorization from, in order of priority, the resident  or the resident's guardian, if any, or the resident's representative,  if any, or the resident's immediate family member, if any; such authorization  shall be attested to by a witness who has no pecuniary interest in the facility  or its operations, and who is not connected in any way to facility  personnel or the administrator in any manner whatsoever.(3) Shall maintain and allow, in order of priority, each resident  or the resident's guardian, if any, or the resident's representative,  if any, or the resident's immediate family member, if any, access to a  written record of all financial arrangements and transactions involving  the individual resident's funds.(4) Shall provide, in order of priority, each resident, or the resident's  guardian, if any, or the resident's representative, if any,  or the resident's immediate family member, if any, with a written itemized  statement at  least quarterly, of all financial transactions involving  the resident's funds.(5) Shall purchase a surety bond, or otherwise provide assurance  satisfactory to the Departments of Public Health and Insurance that all  residents' personal funds deposited with the facility are secure against  loss, theft, and insolvency.(6) Shall keep any funds received from a resident for safekeeping in an  account separate from the facility's funds, and shall at no time withdraw  any part or all of such funds for any purpose other than to return the  funds to the resident upon the request of the resident or any other person  entitled to make such request, to pay the resident his allowance, or to  make any other payment authorized by the resident or any other person  entitled to make such authorization.(7) Shall deposit any funds received from a resident in excess of $100 in  an interest bearing account insured by agencies of, or corporations chartered  by, the State or federal government.  The account shall be in a form which  clearly indicates that the facility has only a fiduciary interest in the  funds and any interest from the account shall accrue to the resident. The  facility may keep up to $100 of a resident's money in a non-interest bearing  account or petty cash fund, to be readily available for the resident's current  expenditures.(8) Shall return to the resident, or the person who executed the written  authorization required in subsection (2) of this Section, upon written  request, all or any part of the resident's funds given the facility for  safekeeping, including the interest accrued from deposits.(9) Shall (a) place any monthly allowance to which a resident is entitled  in that resident's personal account, or give it to the resident, unless  the facility has written authorization from the resident or the resident's  guardian or if the resident is a minor, his parent, to handle it  differently, (b) take all steps necessary to ensure that a personal needs  allowance that is placed in a resident's personal account is used  exclusively by the resident or for the benefit of the resident, and  (c) where such funds are withdrawn from the resident's personal account by  any person other than the resident, require such person to whom funds  constituting any part of a resident's personal needs allowance are  released, to execute an affidavit that such funds shall be used exclusively  for the benefit of the resident.(10) Unless otherwise provided by State law, upon the death of a resident,  shall provide the executor or administrator of the resident's estate with  a complete accounting of all the resident's personal property, including  any funds of the resident being held by the facility.(11) If an adult resident is incapable of managing his funds and does  not have a resident's representative, guardian, or an immediate family  member, shall  notify the Office of the State Guardian of the Guardianship  and Advocacy Commission.(12) If the facility is sold, shall provide the buyer with a written  verification by a public accountant of all residents' monies and properties  being transferred, and obtain a signed receipt from the new owner.  (Source: P.A. 98-523, eff. 8-23-13.)