Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-10 - Right to use of money

Current through Vol. 41, No. 20, July 1, 2024
(a) A consumer has
				  the right of access to his or her money that is deposited in the consumer's
				  personal account at the facility. This access includes, but is not limited to
				  funds the facility or employees of a facility manage on behalf of a consumer as
				  a representative payee, but does not include money that is already encumbered
				  on the consumer's behalf in accordance with payee rules and
				  regulations.
(b) The Department,
				  each consumer, or others advocating on behalf of the consumer must be provided
				  upon request, evidence that the facility or facility personnel designated or
				  acting as representative payees comply with this rule, and policies and
				  reporting requirements stipulated by the payer of those funds. Payer
				  requirements include, but are not limited to the stipulations mandated by the
				  Social Security Administration, on behalf of consumers who are beneficiaries of
				  Social Security and related benefits.
(c) The facility may require either all, or
				  part, of the money which is on the person of a consumer, or which comes to a
				  consumer, or which the facility receives on behalf of the consumer under a
				  benefit arrangement, or otherwise, be deposited with the facility for
				  safekeeping in a personal account in the consumer's name. The money, and
				  transactions affecting it, shall be accounted for in the name of the consumer
				  and recorded in the consumer's account records. Account records should be
				  sufficiently detailed to identify each item deposited (e.g., date, source,
				  description), each disbursement (e.g., date, payee, purpose), and include
				  copies of documents reasonably necessary for a complete understanding of the
				  financial transactions. The consumer, his or her attorney, or his or her legal
				  guardian shall be provided a copy of the account and transactions at the
				  consumer's or legal guardian's request.
(d) A consumer's easy access to his or her
				  money and ability to spend money in his or her account may be denied or limited
				  by the facility only after a determination is made by the treatment team,
				  supported by facts, that the limitation is necessary and essential to prevent
				  the consumer from unreasonably and significantly dissipating his or her assets.
				  Any such denial shall be fully documented in the consumer's record. Even where
				  denial is made, the consumer shall continue to be allowed to spend or use the
				  money in ways which would not constitute unreasonable and significant
				  dissipation of his or her assets or engaging in illegal activities including
				  but not limited to exploitation of other consumers.
(e) The facility is prohibited from
				  withdrawing funds from a consumer's personal account to pay for services
				  rendered by the facility, except with the written consent of the consumer, if
				  he or she is legally competent, or his or her legal guardian.
(f) Money in a consumer's personal account at
				  the facility may be deposited with an outside financial institution at the
				  request of the consumer if he or she is legally competent, or so deposited on
				  the request of a legal guardian.
(g) All money, including earnings, in a
				  consumer's personal account shall be delivered to the individual upon his or
				  her release from the facility, or to his or her legal guardian if the
				  individual is under a legal guardianship and the guardian requests the money be
				  delivered to the guardian rather than directly to the individual.
(h) Facilities are required to keep, and the
				  Department may regularly review, records of accounts at facilities to which (a)
				  through (g) apply.
(1) Verification that
				  consumers have been provided on-going access to documentation of the management
				  of their own funds.
(2)
				  Verification of compliance with Generally Acceptable Accounting Principles
				  (GAAP) or with another comprehensive basis of accounting, and with specific
				  requirements of payers of the funds, including but limited to the Social
				  Security Administration.
(A) Account(s) for
				  consumer(s) must be maintained separate from an organization's operating
				  account.
(i) Accounts shall be properly titled
				  to clarify the account is on behalf of the beneficiary (payee) or a group of
				  beneficiaries (payees). Account titles shall not conflict with confidentiality
				  laws.
(ii) If a group account is
				  utilized, records shall clearly show the amount of each beneficiary's share
				  within the account.
(iii) For
				  beneficiaries with more than $500 aggregate funds, the funds shall be in an
				  interest bearing account and each beneficiary shall be credited with his/her
				  share of the interest.
(B) Accounting records must verify that the
				  representative payee sets aside and makes readily available to the beneficiary,
				  at least the amount stipulated by payer of the funds, including the Social
				  Security Administration, per person per month to assist the beneficiary with
				  personal needs.
(C) Documentation
				  shall validate that funds belonging to a beneficiary have been used only for
				  his/her needs.
(D) Consumers and
				  facility representatives shall sign off on any monies spent on behalf of
				  consumers as proof of agreement with the financial transaction. If approval of
				  the transaction is not required for purchase, signatures shall still be
				  required as an acknowledgement of the transaction.
(3) Any consumer complaints or finding of
				  potential irregularity related to the management of consumer personal funds
				  shall be referred for review or potential investigation to the appropriate
				  authority, including but not limited to the Department, the Social Security
				  Administration, and the Oklahoma State Auditor and Inspector.