D.C. Mun. Regs. r. 22-A3838

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A3838 - FINANCES OF RESIDENTS

3838.1

Except as provided in § 3838.09, no MHCRF shall increase the fee for room, care, and board in a MHCRF more often than once a year, unless:

(a) The increase is justified in writing;

(b) The increase is caused by an unusual escalation in the expenses of the facility or the cost of services to the resident;

(c) The resident and the Department are given sixty (60) days written notice of the effective date of the increase; and

(d) The resident signs a new residency contract as required by § 3824, which includes the increased fee.

3838.2

Except for representative payee relationships existing prior to the effective date of this rule, no MHCRF owner, Operator, Residence Director, staff member or volunteer shall serve as a representative payee for a resident of the MHCRF.

When a resident and his or her representative payee have authorized the MHCRF to handle any portion of a resident's personal funds, including rent or the personal needs allowance, the authorization shall be in writing and signed by the resident and the resident's representative payee at least annually. A resident's personal needs allowance shall be used solely for the resident's personal needs pursuant to 29 DCMR § 1450 and shall not be considered income available to pay for MHCRF costs, including rent.

3838.3

Each MHCRF shall maintain a separate and accurate record of all funds the resident or the resident's representative or representative payee deposits with the MHCRF for safekeeping in accordance with Subsection 3838.2. The record shall include the following:

(a) A written authorization signed by the resident and the resident's representative or representative payee authorizing the MHCRF to handle the resident's personal funds;

(b) Any instructions received from the resident's representative or representative payee and agreed to by the MHCRF pertaining to disbursement of the funds;

(c) The date and the amount of all money received;

(d) The date and amount of each withdrawal by the resident or disbursement by the MHCRF for the resident's benefit, including signed receipts;

(e) The items or purposes for which disbursements were made by the MHCRF;

(f) The current balance; and

(g) The signature of the resident for each withdrawal and the signature of facility staff for each deposit and disbursement made on behalf of a resident.

3838.4

Each MHCRF shall make a copy of the records required in § 3824.2 and § 3838.3 available to the resident and the resident's representative or representative payee:

(a) On at least a quarterly basis;

(b) At least ten (10) business days before the resident is to be transferred or discharged from the facility or a soon as possible prior to the discharge; and

(c) Upon request by the resident, the resident's representative, or representative payee.

3838.5

Upon admission of a resident, each MHCRF shall explain to the resident and the resident's representative or representative payee how the resident's personal needs allowance and any other personal funds shall be handled during his or her stay at the MHCRF. This explanation shall include the resident's right to manage the money himself or herself, absent a court order appointing a guardian or conservator to administer the resident's financial or personal affairs.

3838.6

Each MHCRF shall, upon request, make resident financial records available for inspection, review, and copying by the Department, the D.C. Department of Healthcare Finance, the LTCO, and any entity authorized by the resident to review such records.

3838.7

Upon each resident's discharge from the MHCRF, the MHCRF shall promptly provide the resident's remaining personal funds to the resident, the resident's court-appointed representative to administer his or her financial and personal affairs, or the resident's representative payee. The MHCRF shall require the resident, court-appointed representative, or representative payee to sign a statement acknowledging receipt of the funds. A copy shall be placed in the resident's record.

3838.8

Upon each resident's discharge from the MHCRF, the MHCRF shall promptly send rent funds, pro-rated from the date of discharge, to the new MHCRF location.

3838.9

Notwithstanding § 3838.1, any increase in a resident's Social Security or State Optional Payment shall be distributed to the MHCRF for room, board and care in accordance with § 549 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.49), unless the Department of Health Care Finance has published an increase in the personal needs allowance in 29 DCMR § 1450.

D.C. Mun. Regs. r. 22-A3838

Final Rulemaking published at 64 DCR 1633 (2/16/2018)