Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3060 - 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/she or
				his or her guardian or if the resident is a minor, his or her parent,
				authorizes the program coordinator or house manager of the facility in writing
				to manage such resident's financial affairs under Sections
				370.3060(c) through
				(n).
b) The facility shall at the time of
				admission, provide each resident, or his or her representative, with a written
				statement explaining the resident's rights regarding personal funds and listing
				the services for which the resident will be charged, and obtain a signed
				acknowledgement from each resident or his or her representative that he has
				received the statement.
c) The
				facility may accept funds from a resident for safekeeping and managing, if it
				receives written authorization from the resident or his or her guardian; 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 in any manner whatsoever.
d) If the facility maintains resident funds,
				it shall maintain and allow each resident access to a written record of all
				financial arrangements and transactions involving the individual resident's
				funds.
e) If the facility maintains
				resident funds, it shall provide each resident, or his or her representative
				with a written itemized statement at least quarterly, of all financial
				transactions involving the resident's funds.
f) If the facility maintains resident funds,
				it shall purchase a surety bond to guarantee the security of resident's
				funds.
g) The facility shall keep
				any funds received from a resident for safekeeping in an account separate from
				the facility's funds.
h) The
				facility 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.
i) The facility may keep up to $l00 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.
j) The facility shall return to the resident,
				upon written request, all or any part of the resident's funds given the
				facility for safekeeping, including the interest accrued from
				deposits.
k) The facility shall
				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 to handle it
				differently.
l) Unless otherwise
				provided by State law, the facility shall upon the death of a resident 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.
m) If a resident is incapable of managing his
				or her funds and does not have a representative or guardian, the facility shall
				notify the Office of the State Guardian of the Guardianship and Advocacy
				Commission.
n) If the facility is
				sold, the seller 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.