N.Y. Comp. Codes R. & Regs. tit. 18 § 490.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 490.6 - Resident funds and valuables

(a) Funds.

(1) The operator must issue a receipt to a resident for any funds received for:

(i) payment of the facility rate;

(ii) payment of appropriate supplemental charges;

(iii) payment of funds owed to the operator by the resident;

(iv) deposits to a personal allowance account established pursuant to section 485.12 of this Title;

(v) any other funds held in custody for the resident; and

(vi) any other funds received by the operator from the resident.

(2) An operator who receives any funds from a resident must issue a signed receipt to the resident which contains the following information:

(i) the date of the receipt;

(ii) the amount of funds received;

(iii) the purpose of the transaction;

(iv) the name of the resident; and

(v) the signature of the person receiving the funds.

(3) Resident personal allowance accounts or other personal funds must not be mingled with the personal funds of the operator or the operating funds of the facility, or become an asset of the operator.

(4) Personal allowance accounts and accounts for other resident funds must be separate and distinct from each other and from any other account(s).

(5) Upon change of operator, the current operator must transfer all records to the proposed operator and provide the proposed operator with a written statement of all resident personal allowance accounts, and other resident accounts with funds held in custody. This statement must document that the balance being transferred in each resident fund account is true and accurate as of the date of proposed transfer, and must be confirmed by resident signature(s).

(6) Upon change of operator, the new operator must assume, in writing, responsibility for account balances of funds of residents turned over upon the change of operator, together with responsibility for all requirements of this section.

(7) Records of all transactions must be maintained as part of the facility records.

(b) Personal allowance.

(1) Each resident who is receiving Supplemental Security Income (SSI) or Home Relief (HR) benefits, and who is entitled to a monthly personal allowance by section 131-o of the Social Services Law or section 352.8(c) of this Title, must receive that allowance in accord with the requirements of section 485.12 of this Title and subdivision (c) of this section.

(2) In the event that the resident negotiates the full SSI or HR check to the operator, distribution of the personal allowance must be made to the resident within two banking days of the transaction.

(3) The operator must obtain written acknowledgement monthly from each resident, confirming receipt of his/her personal allowance.

(c) Personal allowance accounts.

(1) At the time of admission to a residence for adults and at the time of the first increase in the personal allowance occurring in any calendar year, the operator must, in writing, offer an SSI or HR recipient or the recipient's representative, if any, an opportunity to place personal allowance funds for incidental use in a facility-maintained account.

(2) The operator must provide for the safekeeping and accountability of a personal allowance account.

(3) The operator must hold personal allowance funds in custody for the sole use of the resident and may not use these funds for any other purpose.

(4) No service fee may be charged by the operator for maintaining a personal allowance account for a resident who is in receipt of SSI or HR.

(5) Residents must be permitted access to personal allowance accounts at least four hours a day, Monday through Friday. An access schedule must be posted and may not be changed without five days advance notice.

(6) Upon request, each resident must have the opportunity, during scheduled access hours, to examine his/her personal allowance account record including deposits, withdrawals and current balance.

(7) If the operator deposits resident personal allowance funds in individual or collective interest-bearing bank accounts, the operator must develop a written procedure for the equitable distribution of interest to each resident's account. Such distribution must be made quarterly.

(8) The operator must maintain individual records for each resident who has a personal allowance account, showing all deposits, withdrawals and the current balance.

(9) The operator must document all personal allowance transactions on a "Personal Allowance Ledger" (DSS-2854) and maintain all paid bills, vouchers and other appropriate payment and receipt documentation in the manner prescribed by the department.

(10) At least monthly, the operator must reconcile personal allowance account balances to the total personal allowance funds maintained by the facility by utilizing a "Personal Allowance Summary" (DSS-2855).

(11) No alternative system of recordkeeping of resident personal allowance accounts may be substituted for the system set forth in paragraphs (1) through (10) of this subdivision without the prior written consent of the department.

(12) At least quarterly, the operator must give each resident who has a personal allowance account, a statement showing total deposits, withdrawals and current balance of the resident's account, and must secure the resident's acknowledgement, in writing, of the accuracy of the statement.

(13) The operator may not require a resident to maintain a personal allowance account at the facility.

(14) The operator is not required to maintain any personal allowance account in amounts in excess of the SSI resource limit.

(15) The resident may terminate the personal allowance account at any time.

(d) Other funds held in custody.

(1) The operator may offer an SSI or HR recipient or any other resident the opportunity to place funds other than personal allowance funds provided pursuant to section 485.12 of this Title, in the operator's custody.

(2) Such funds may not be mingled with any personal allowance funds maintained pursuant to subdivision (b) of this section.

(3) The operator must maintain records and provide for the security of all funds which the resident has voluntarily given to the operator and the operator has voluntarily accepted to hold in his or her custody or to exercise control over.

(4) The operator must obtain written authorization from the resident to hold the resident's funds.

(5) Records of all transactions must be maintained as part of the facility records.

(e) Resident property and valuables.

(1) The operator may offer a resident the opportunity to place property or items of value in the operator's custody.

(2) The operator must maintain inventory records and provide for the security of all property or items of value which the resident has voluntarily given to the operator to hold in custody or to exercise control over.

(3) The operator must obtain written authorization from the resident to hold property or items of value and must provide each resident with a receipt.

(4) Resident property or items of value must be segregated from the assets of the operator.

(5) Records of all transactions must be maintained as part of the facility records.

(f) Money management.

(1) If a resident's service plan includes a goal of independent money management, the resident and the operator may agree to a limited schedule for disbursement of resident funds held by the operator under either subdivision (c) or (d) of this section.

(2) Such agreement must be in writing, signed and dated by the operator and the resident, and must be incorporated as an addendum to the admission agreement and service plan.

(g) Return of resident funds and valuables.

(1) At the time of discharge or termination of the admission agreement, but in no case more than three business days after the resident leaves the facility, the operator must provide the resident or the resident's representative with:

(i) a final written accounting of the resident's payment and personal fund accounts;

(ii) a check for the outstanding balance, if any;

(iii) any property or things of value held in trust or in custody by the operator.

(2) The operator must refund, on the basis of a per diem proration, any advance payment(s) made by the resident.

(3) The operator must return to the resident, representative or other appropriate individual or agency, any property or items of value which comes into the possession of the operator after the resident's discharge or transfer.

(4) Upon the death of a resident, the operator must contact the next of kin or legal representative and arrange for the transfer of all property of the individual. When the whereabouts of the next of kin or legal representative are unknown, the operator must contact the appropriate Surrogate's Court to arrange for the transfer.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 490.6