0940-05-06-.03
Financial Management Of All Services And Facilities
Cite as Tenn. Comp. R. & Regs. 0940-05-06-.03
(1)
The licensee holding or receiving funds or property for the service recipient as trustee or
representative payee will adhere to all laws, state and federal, that govern his fiduciary
position and relation to the service recipient. A licensee may not retaliate against an
employee, volunteer or other individual who reports a violation of the licensee’s fiduciary
obligation to the service recipient.
(2)
The licensee shall prohibit staff, volunteers and proprietors from soliciting or borrowing
money or property from service recipients.
(3)
The licensee shall ensure that all money received, held and/or disbursed on behalf of the
service recipient is for the strict, personal benefit of the service recipient.
(4)
The licensee shall not mix funds with those of the service recipient. The licensee shall
maintain a separate account in a federally insured financial institution for the deposit and/or
disbursement of service recipient funds.
(5)
The licensee shall not take funds or property of the service recipient for the licensee’s
personal or organizational use or gain.
(6)
The licensee shall maintain a written account of all monies received or disbursed on behalf of
the service recipient. No less than annually, the licensee shall provide the service recipient or
the service recipient’s legal representative a report of all funds held and disbursed on behalf
of the service recipient.
(7)
The licensee shall identify the source of each service recipient’s funding in the applicable
service recipient’s chart. This identification shall specifically list whether the funding is public
and, if so, identify the exact funding source(s) (e.g. Social Security Disability, Supplemental
Nutrition Assistance Program (SNAP), Wellpoint, BlueCare, UnitedHealthcare Community
Plan, TennCare Select, etc.).
(8)
The licensee shall obtain and maintain liability insurance in the name of the organization
sufficient to cover reasonably foreseeable liabilities of the agency.