Section 75-04-05-20 - Personal incidental funds1. 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 No funds may be withdrawn from accounts of a client capable of managing the client's own funds without the client's permission.11.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.N.D. Admin Code 75-04-05-20
Effective July 1, 1984; amended effective June 1, 1985; June 1, 1995; July 1, 2001; July 1, 2012.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 25-01.2-18, 50-06-16
Law Implemented: NDCC 25-18-03, 50-24.1-01