Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 350.3260 - 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 such
				resident's financial affairs under
subsections (b) through (o).
				(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 at Section 303 of Title III of the Medicare Catastrophic Coverage
				Act of 1988 (P.L.
				100360), 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 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.
(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 shall be
				issued by a company licensed to do business in Illinois, the amount of bond
				shall be equal to or greater than all resident funds managed by the facility,
				and the obligee named in the bond shall be the Illinois Department of Public
				Health or its assignees.
2) If an
				alternative to a surety bond is secured, the alternative shall provide a
				protection equivalent to that afforded by a surety bond. To be acceptable, the
				alternative shall have a person or persons or entity or entities designated who
				can collect in case of loss (e.g., residents, the Department). The alternative
				shall also provide a guarantee that lost funds will be repaid. The guarantee
				may be made by either an independent entity (e.g., a bank) or the facility. If
				the facility provides the guarantee, it shall be backed by facility money at
				least equal to resident funds. This money shall 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 shall 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.