Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 390.3260 - Resident's Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A
				resident shall be permitted to manage his or her own financial affairs unless
				he or she, or his or her guardian or if the resident is a minor, his or her
				parent, authorizes the administrator of the facility in writing to manage the
				resident's financial affairs under
subsections (b) through (n).
				(Section 2-102 of the Act)
b)
The facility 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 the resident's spouse their
				spousal impoverishment rights as defined at Section 5-4 of the Illinois Public
				Aid Code and the resident's rights regarding personal funds and listing the
				services for which the resident will be charged. The facility shall obtain a
				signed acknowledgement from each resident or the residents 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.
(Section
				2-201(1) of the Act)
c)
The
				facility 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.
(Section 2-201(2) of the
				Act)
d)
The facility 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.
(Section 2-201(3) of the Act)
e)
The facility 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.
(Section 2-201(4) of the
				Act)
f)
The facility shall
				purchase a surety bond, or otherwise provide assurance satisfactory to the
				Departments of Public Health and Financial and Professional Regulation that all
				residents' personal funds deposited with the facility are secure against loss,
				theft, and insolvency
. (Section 2-201(5) of the Act)
1) If a surety bond is secured, it must be
				issued by a company licensed to do business in Illinois, the amount of bond
				must be equal to or greater than all resident funds managed by the facility,
				and the obligee named in the bond must be the Illinois Department of Public
				Health or its assignees.
2) If an
				alternative to a surety bond is secured, the alternative must provide a
				protection equivalent to that afforded by a surety bond. To be acceptable, the
				alternative must have a person(s) or entity(ies) designated who can collect in
				case of loss (e.g., residents, the Department). The alternative must also
				provide a guarantee that lost funds will be repaid. The guarantee may be made
				either by an independent entity (e.g., a bank) or the facility. If the facility
				provides the guarantee, it must be backed by facility money at least equal to
				resident funds. This money must be reserved solely for the purpose of assuring
				the security of resident funds. Two examples of acceptable alternatives to
				surety bonds are letters of credit and self-insurance. Both surety bonds and
				alternatives must protect the full amount of residents' funds deposited with
				the facility.
3) Any alternative to
				a surety bond shall be submitted to the Department for review and
				approval.