Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 5 - CLIENT PROTECTIONS › Section 144-118-5.B - Client Finances

Current through 2024-29, July 17, 2024
09/01/07 The ICF/MR must establish and maintain a system
					 that assures a full and complete accounting of each client's personal funds
					 entrusted to the facility on their behalf. A "full and complete accounting for
					 personal funds" does not need to document accounting for incidental expenses or
					 "pocket money," funds a capable individual handles without assistance, funds
					 dispensed to an individual under a program to train the individual in money
					 management, and funds that are not entrusted to the facility (e.g., funds paid
					 directly to the individual's representative payee).
09/01/07 5.B.1. Each client, unless he/she has a court
					 appointed guardian or conservator, shall have the right to manage and spend
					 personal funds, including the right to maintain an individual bank
					 account.
09/01/07 5.B.2. The ICF/MR must maintain a current
					 financial record for each client that includes written receipts for:
09/01/07 a. All personal possessions and funds received by
					 or deposited with the ICF/MR or by the ICF/MR in a financial institution on
					 behalf of the client.
09/01/07 b. No funds may be deposited with the
					 administrator of a facility, unless all of the following conditions are
					 met:
1. The deposit is promptly
				  recorded in the client's records;
2. A receipt is given to the client or, when
				  appropriate, the guardian or parent;
3. A record is kept of every deposit or
				  withdrawal of funds, including the date and the amount received or
				  disbursed;
4. An accounting is
				  provided on demand to the client, guardian or parent;
5. Deposited funds must be used in accordance
				  with the client's desires, but may never be applied to goods or services which
				  the home is obliged or funded to provide.
09/01/07 c. Where the client has deposited funds in excess
					 of $200.00 with the administrator, an individual interest bearing bank account
					 must be maintained. Interest earned thereon shall be the property of the client
					 only.
09/01/07 5.B.3. Withdrawal of funds requires the
					 authorization of the client, or where appropriate, the client's guardian or
					 parent.
09/01/07 5.B.4. The client's financial record must be made
					 available on request to the client, or, where appropriate, guardian or parent.
					 The individual, in turn, is free to choose to make his or her financial record
					 available to anyone else.
09/01/07 5.B.5. The administrator of the facility shall not
					 act as representative payee for the client.
09/01/07 5.B.6. No home, and no owner, administrator,
					 employee, relative, or representative thereof, may act as guardian, trustee or
					 conservator for any client of such home or for any of his/her property.
09/01/07 5.B.7. Exceptions to these requirements may be
					 considered by the Department for clients who are relatives of the owner,
					 administrator, employee or representative of the licensed home or their spouse
					 within the third degree of kinship.