NDAC 75-04-05-20
Personal incidental funds
Cite as N.D. Admin. Code ยง 75-04-05-20
1.
Each client is allowed to retain a specific monthly amount of income for personal needs. This
monthly allowance is not to be applied toward the client's cost of care.
2.
Provider agencies managing client funds must maintain a current client account record in a
form and manner prescribed by the department. Copies of the client account record must be
provided to the client without charge.
3.
The department may conduct audits of client account records in conjunction with regular field
audits.
4.
Adult client funds may be disbursed with the client's permission in the absence of a
client-authorized representative or declaration of incompetency.
5.
The department uses the amount of a client's income to determine:
a.
Eligibility for medical assistance benefits.
b.
Amount of income and other resources which must be applied toward the client's care.
c.
Amount of income and other resources which can be retained by the client.
6.
Personal incidental items, supplies, or services furnished as needed or at the request of the
client may be paid for by the client from the client's personal incidental allowance or by outside
sources, such as relatives and friends.
7.
Charges by the program for items or services furnished clients will be allowed as a charge
against the client or outside sources, only if separate charges are also recorded by the facility
for all clients receiving these items or services directly from the program. All such charges
must be for direct, identifiable services or supplies furnished individual clients. A periodic "flat"
charge for routine items, such as beverages, incidentals, etc., will not be allowed. Charges
may be made only after services are performed or items are delivered, and charges are not to
exceed charges to all classes of clients for similar services.
8.
A client's private property must be clearly marked by name. The facility must keep a record of
private property. If items are lost, the circumstances of disappearance must be documented in
the facility's records.
9.
If client funds are deposited in a bank, they must be deposited in an account separate and
apart from any other bank accounts of the facility. Any interest earned on this account will be
credited to the applicable client's accounts.
10.
A client's funds on deposit with the facility must be available to a client on the client's request.
No funds may be withdrawn from accounts of a client capable of managing the client's own
funds without the client's permission.
11.
Should a disagreement exist as to whether a client is capable of managing the client's own
funds, a joint determination will be made by the person-centered service plan team and
client-authorized representative in settling this dispute. The decision must be documented in
the provider agency's records and the client's person-centered service plan.
12.
On discharge, the facility must provide the client with a final accounting of personal funds and
remit any balance on deposit with the facility.
13.
Upon death, the balance of a client's personal incidental funds along with the name and case
number, must be maintained in an interest-bearing account for disposition by the client's
estate. Personal property, such as television sets, radios, wheelchairs, and other property of
more than nominal value, must be maintained for disposition by the client's estate.
14.
Upon sale or other transfer of ownership interest of a facility, both transferor and transferee
must transfer the client's personal incidental funds, moneys, and records in an orderly manner.
15.
Failure to properly record the receipt and disposition of personal incidental funds may
constitute grounds for suspension of provider agency payments.
16.
Client personal incidental funds must not be expended by the provider agency for the
purchases of meals served in licensed day habilitation, employment support, and
prevocational services nor may the purchase of such meals be a condition for admission to
such programs.