Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14315 - Handling of resident funds and valuables

Current through Vol. 24-12, July 15, 2024
Rule 315.
(1)
					 Upon a request from a resident or the resident's designated representative, a
					 licensee may accept a resident's funds and valuables to be held in trust with
					 the licensee.
(2) The care of any
					 resident funds and valuables that have been accepted by a licensee for
					 safekeeping shall be treated by the licensee as a trust obligation.
(3) A licensee shall have a resident's funds
					 and valuables transaction form completed and on file for each resident. A
					 department form shall be used unless prior authorization for a substitute form
					 has been granted, in writing, by the department.
(4) A listing of all valuables that are
					 accepted by the licensee for safekeeping shall be maintained. The listing of
					 valuables shall include a written description of the items, the date received
					 by the licensee, and the date returned to the resident or his or her designated
					 representative. The listing of valuables shall be signed at the time of receipt
					 by the licensee and the resident or his or her designated representative. Upon
					 return of the valuables to the resident or his or her designated
					 representative, the listing shall be signed by the resident or his or her
					 designated representative and the licensee.
(5) All resident funds, which includes bank
					 accounts, shall be kept separate and apart from all funds and monies of the
					 licensee. Interest and dividends earned on resident funds shall be credited to
					 the resident. Payments for care for the current month may be used by the
					 licensee for operating expenses.
(6) Except for bank accounts, a licensee
					 shall not accept resident funds of more than $200.00 for any resident of the
					 home after receiving payment of charges owed.
(7) A resident shall have access to and use
					 of personal funds that belong to him or her in reasonable amounts, including
					 immediate access to not less than $20.00 of his or her personal funds. A
					 resident shall receive up to his or her full amount of personal funds at a time
					 designated by the resident, but not more than 5 days after the request for the
					 funds. Exceptions to this requirement shall be subject to the provisions of the
					 resident's assessment plan and the plan of services.
(8) All resident fund transactions shall
					 require the signature of the resident or the resident's designated
					 representative and the licensee or prior written approval from the resident or
					 the resident's designated representative.
(9) A resident's account shall be individual
					 to the resident. A licensee shall be prohibited from having any ownership
					 interest in a resident's account and shall verify such in a written statement
					 to the resident or the resident's designated representative.
(10) A licensee, administrator, direct care
					 staff, other employees, volunteers under the direction of the licensee, and
					 members of their families shall not accept, take, or borrow money or valuables
					 from a resident, even with the consent of the resident.
(11) A licensee shall obtain prior written
					 approval from a resident and his or her designated representative before
					 charges are made to a resident's account.
(12) Charges against the resident's account
					 shall not exceed the agreed price for the services rendered and goods furnished
					 or made available by the home to the resident.
(13) A licensee shall provide a complete
					 accounting, on an annual basis and upon request, of all resident funds and
					 valuables which are held in trust and in bank accounts or which are paid to the
					 home, to the resident, or to his or her designated representative. The
					 accounting of a resident's funds and valuables which are held in trust or which
					 are paid to the home shall also be provided, upon the resident's or designated
					 representative's request, not more than 5 banking days after the request and at
					 the time of the resident's discharge from the home.
(14) A licensee shall have a written refund
					 agreement with the resident or his or her designated representative. The
					 agreement shall state under what conditions a refund of the unused portion of
					 the monthly charge that is paid to the home shall be returned to the resident
					 or his or her designated representative. The refund agreement shall provide
					 for, at a minimum, refunds under any of the following conditions:
(a) When an emergency discharge from the home
					 occurs as described in
					 R 400.14302.
(b) When a resident has been determined to be
					 at risk pursuant to the provisions of sections 11 and 11a to 11f of Act No. 280
					 of the Public Acts of 1939, as amended, being SS400.11 and 400.11a to 400.11f
					 of the Michigan Compiled Laws.
(c)
					 When a resident has been determined to be at risk due to substantial
					 noncompliance with these licensing rules which results in the department taking
					 action to issue a provisional license or to revoke or summarily suspend, or
					 refuse to renew, a license and the resident relocates. The amount of the
					 monthly charge that is returned to the resident shall be based upon the written
					 refund agreement and shall be prorated based on the number of days that the
					 resident lived in the home during that month.