77 Ill. Adm. Code 340.1460
Resident's Funds
Section 340
Section 340.1460Â Resident's
Funds
a)
A resident shall be permitted to manage his own financial
affairs unless he or his guardian or if the resident is a minor, his parent,
authorizes the administrator of the facility in writing to manage such resident's
financial affairs under
subsections (b) through (n) of this Section.Â
(Section 2-102 of the Act)
b)
The facility shall at the time of admission, provide, in
order of priority, each resident, or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate family member,
if any, with a written statement explaining to the resident and to the
resident's spouse their spousal impoverishment rights, as defined at Section
5-4 of the Illinois Public Aid Code, as now and hereafter amended, and at
Section 303 of Title II of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and the resident's rights regarding personal funds and listing the
services for which the resident will be charged, and obtain a signed
acknowledgment from each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate family member,
if any, that such person has received the statement.
(Section 2-201(1) of
the Act)
c)
The facility may accept funds from a resident for
safekeeping and managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family member, if any; 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 or the administrator in any manner whatsoever.
(Section
2-201(2) of the Act)
d)
The facility shall maintain and allow, in order of
priority, each resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family member, if any,
access to a written record of all financial arrangements and transactions
involving the individual resident's funds.
(Section 2-201(3) of the Act)
e)
The facility shall provide, in order of priority, each
resident, or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any, with a written
itemized statement at least quarterly, of all financial transactions involving
the resident's funds.
(Section 2-201(4) of the Act)
f)
The facility shall purchase a surety bond or otherwise
provide assurance satisfactory to the Departments of Public Health and
Insurance that all residents' personal funds deposited with the facility are
secure against loss, theft, and insolvency.
(Section 2-201(5) of the Act)
1)Â Â Â Â Â Â Â Â If a surety bond is secured, it must be issued by a company
licensed to do business in Illinois, the amount of bond must be equal to or
greater than all resident funds managed by the facility, and the obligee named
in the bond must be the Illinois Department of Public Health or its assignees.
2)Â Â Â Â Â Â Â Â If an alternative to a surety bond is secured, the alternative
must provide a protection equivalent to that afforded by a surety bond. To be
acceptable, the alternative must have a person(s) or entity(ies) designated who
can collect in case of loss (e.g., residents, the Department). The alternative
must also provide a guarantee that lost funds will be repaid. The guarantee
may be made either by an independent entity (e.g., a bank) or the facility. If
the facility provides the guarantee, it must be backed by facility money at
least equal to resident funds. This money must be reserved solely for the
purpose of assuring the security of resident funds. Two examples of acceptable
alternatives to surety bonds are letters of credit and self-insurance. Both
surety bonds and alternatives must protect the full amount of residents' funds
deposited with the facility.
3)Â Â Â Â Â Â Â Â Any alternative to a surety bond shall be submitted to the
Department for review and approval.
g)
The facility shall keep any funds received from a resident
for safekeeping in an account separate from the facility's funds, and shall at
no time withdraw any part or all of such funds for any purpose other than to
return the funds to the resident upon the request of the resident or any other
person entitled to make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other person entitled
to make such authorization.
(Section 2-201(6) of the Act)
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.
(Section 2-201(7) of the Act)
i)
The facility may keep up to $100 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.
(Section 2-201(7) of the Act)
j)
The facility shall return to the resident, or the person
who executed the written authorization required in subsection (c) of this
Section, upon written request, all or any part of the resident's funds given
the facility for safekeeping, including the interest accrued from deposits.
(Section 2-201(8) of the Act)
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, or if the resident is a minor, his parent, to handle
it differently.
The facility shall
take all steps necessary to ensure
that a personal needs allowance that is placed in a resident's personal account
is used exclusively by the resident or for the benefit of the resident, and
where such funds are withdrawn from the resident's personal account by any person
other than the resident, require such person to whom funds constituting any
part of a resident's personal needs allowance are released, to execute an
affidavit that such funds shall be used exclusively for the benefit of the
resident.
(Section 2-201(9)(a) of the Act)Â "Personal needs
allowance", for the purposes of this subsection, refers to the monthly
allowance allotted by the Illinois Department of Public Aid to public aid
recipients.
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.
(Section 2-201(10) of the Act)
m)
If an adult resident is incapable of managing his funds and
does not have a resident's representative, guardian, or an immediate family
member,
the facility
shall notify the Office of the State Guardian of
the Guardianship and Advocacy Commission.
(Section 2-201(11) of the Act)
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.
(Section 2-201(12) of the Act)