Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0350 - Residents' Rights: Personal Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RESIDENT HELD FUNDS. The resident has the
			 right to manage his or her financial affairs and the facility may not require
			 residents to deposit personal funds with the facility.
(2) FACILITY HELD FUNDS.
(a) Resident Request. The facility must hold,
			 safeguard, manage, and account for the personal funds of the resident when
			 requested in writing. The resident must be fully informed of the facility's
			 system for protecting personal funds. When the resident requests the facility
			 hold such funds, the facility must ensure the request is in writing.
(b) Accounting System. The facility must
			 establish and maintain a system that assures a full and complete and separate
			 accounting, according to generally accepted accounting principles, of each
			 resident's personal funds entrusted to the facility. The system may allow
			 resident funds to be pooled together, however, it must preclude any commingling
			 of resident funds with facility funds.
(c) Report to Resident. The facility must
			 provide a copy of the individual financial record to the resident no less often
			 than quarterly and upon the request of the resident. The statement must include
			 the following information:
(A) Identification
			 number and location of the account in which the resident's personal funds have
			 been deposited.
(B) The resident's
			 account balance at the beginning of the statement period.
(C) A listing of each deposit and withdrawal,
			 to and from the resident's account. Each withdrawal must include an explanation
			 of the reason for the withdrawal (e.g., If money is requested by the resident,
			 facility may document "resident request").
(D) The interest earned, if any, and the
			 current interest rate.
(E) The
			 ending balance.
(d)
			 Resident Control of Funds. The facility must take all reasonable precautions to
			 ensure the resident's funds are handled according to the resident's wishes. If
			 the resident's wishes are unable to be determined, funds must be handled in
			 accordance with the best interests of the resident.
(e) Resident Access to Funds. The facility
			 must allow residents access to funds on weekdays, (Monday through Friday,
			 excluding holidays) during business office hours, (no less than six hours per
			 day) and at least two hours per day on all other days.
(f) Funds Under $50. The facility may hold up
			 to $50 for each resident in a non-interest-bearing, petty cash fund. All
			 resident funds held by the facility that are not in the petty cash fund must be
			 deposited in an interest-bearing account as described in subsection (g) of this
			 rule.
(g) Funds $50 and over.
(A) Whenever money held by the facility for a
			 resident exceeds $50, the excess above $50 must, within 7 days of receipt, be
			 deposited in the resident's interest-bearing account, unless the money is
			 managed in a Trust and Agency Account held by the Department.
(B) If the interest-bearing account for
			 residents is pooled, the facility must have a system that accurately and
			 promptly allocates earned interest to the appropriate resident.
(h) SSI Resource Limit Exceeded.
			 The facility must notify any resident receiving Medicaid benefits whenever his
			 or her account reaches within $200 of the SSI resource limit for one person;
			 and that, if the amount in the account and the value of the resident's
			 non-exempt resources reaches the SSI resource limit for one person, the
			 resident may lose eligibility for Medicaid or SSI.
(i) Death of Resident. Upon the death of a
			 Medicaid or General Assistance resident with no known surviving spouse, any
			 personal incidental funds held by the facility for the resident must be
			 forwarded to the Department of Human Services, Estate Administration Unit, P.O.
			 Box 14021, Salem, OR 97309, within 10 business days of the death of the
			 resident. The facility must maintain documentation of the action taken and the
			 amount of funds conveyed.
(j)
			 Surety Bond. The licensee must purchase a surety bond, or provide
			 self-insurance to assure the security of all personal funds of residents
			 deposited with the facility. The amount of the bond must be sufficient to cover
			 the highest amount of the account with resident funds, plus the petty cash
			 funds, during the previous 12 months.