10- 144 C.M.R. ch. 118, § 5.B

Current through 2024-51, December 18, 2024

Section 144-118-5.B - Client Finances

09/01/07 The ICF/MR must establish and maintain a system that assures a full and complete accounting of each client's personal funds entrusted to the facility on their behalf. A "full and complete accounting for personal funds" does not need to document accounting for incidental expenses or "pocket money," funds a capable individual handles without assistance, funds dispensed to an individual under a program to train the individual in money management, and funds that are not entrusted to the facility (e.g., funds paid directly to the individual's representative payee).

09/01/07 5.B.1. Each client, unless he/she has a court appointed guardian or conservator, shall have the right to manage and spend personal funds, including the right to maintain an individual bank account.

09/01/07 5.B.2. The ICF/MR must maintain a current financial record for each client that includes written receipts for:

09/01/07 a. All personal possessions and funds received by or deposited with the ICF/MR or by the ICF/MR in a financial institution on behalf of the client.

09/01/07 b. No funds may be deposited with the administrator of a facility, unless all of the following conditions are met:

1. The deposit is promptly recorded in the client's records;

2. A receipt is given to the client or, when appropriate, the guardian or parent;

3. A record is kept of every deposit or withdrawal of funds, including the date and the amount received or disbursed;

4. An accounting is provided on demand to the client, guardian or parent;

5. Deposited funds must be used in accordance with the client's desires, but may never be applied to goods or services which the home is obliged or funded to provide.

09/01/07 c. Where the client has deposited funds in excess of $200.00 with the administrator, an individual interest bearing bank account must be maintained. Interest earned thereon shall be the property of the client only.

09/01/07 5.B.3. Withdrawal of funds requires the authorization of the client, or where appropriate, the client's guardian or parent.

09/01/07 5.B.4. The client's financial record must be made available on request to the client, or, where appropriate, guardian or parent. The individual, in turn, is free to choose to make his or her financial record available to anyone else.

09/01/07 5.B.5. The administrator of the facility shall not act as representative payee for the client.

09/01/07 5.B.6. No home, and no owner, administrator, employee, relative, or representative thereof, may act as guardian, trustee or conservator for any client of such home or for any of his/her property.

09/01/07 5.B.7. Exceptions to these requirements may be considered by the Department for clients who are relatives of the owner, administrator, employee or representative of the licensed home or their spouse within the third degree of kinship.

10- 144 C.M.R. ch. 118, § 5.B