Okla. Admin. Code § 450:15-3-10

Current through Vol. 42, No. 4, November 1, 2024

Section 450:15-3-10 - Right to use of money

(a) A consumer has the right of access to his or her money that is deposited in the consumer's personal account at the facility. This access includes, but is not limited to funds the facility or employees of a facility manage on behalf of a consumer as a representative payee, but does not include money that is already encumbered on the consumer's behalf in accordance with payee rules and regulations.

(b) The Department, each consumer, or others advocating on behalf of the consumer must be provided upon request, evidence that the facility or facility personnel designated or acting as representative payees comply with this rule, and policies and reporting requirements stipulated by the payer of those funds. Payer requirements include, but are not limited to the stipulations mandated by the Social Security Administration, on behalf of consumers who are beneficiaries of Social Security and related benefits.

(c) The facility may require either all, or part, of the money which is on the person of a consumer, or which comes to a consumer, or which the facility receives on behalf of the consumer under a benefit arrangement, or otherwise, be deposited with the facility for safekeeping in a personal account in the consumer's name. The money, and transactions affecting it, shall be accounted for in the name of the consumer and recorded in the consumer's account records. Account records should be sufficiently detailed to identify each item deposited (e.g., date, source, description), each disbursement (e.g., date, payee, purpose), and include copies of documents reasonably necessary for a complete understanding of the financial transactions. The consumer, his or her attorney, or his or her legal guardian shall be provided a copy of the account and transactions at the consumer's or legal guardian's request.

(d) A consumer's easy access to his or her money and ability to spend money in his or her account may be denied or limited by the facility only after a determination is made by the treatment team, supported by facts, that the limitation is necessary and essential to prevent the consumer from unreasonably and significantly dissipating his or her assets. Any such denial shall be fully documented in the consumer's record. Even where denial is made, the consumer shall continue to be allowed to spend or use the money in ways which would not constitute unreasonable and significant dissipation of his or her assets or engaging in illegal activities including but not limited to exploitation of other consumers.

(e) The facility is prohibited from withdrawing funds from a consumer's personal account to pay for services rendered by the facility, except with the written consent of the consumer, if he or she is legally competent, or his or her legal guardian.

(f) Money in a consumer's personal account at the facility may be deposited with an outside financial institution at the request of the consumer if he or she is legally competent, or so deposited on the request of a legal guardian.

(g) All money, including earnings, in a consumer's personal account shall be delivered to the individual upon his or her release from the facility, or to his or her legal guardian if the individual is under a legal guardianship and the guardian requests the money be delivered to the guardian rather than directly to the individual.

(h) Facilities are required to keep, and the Department may regularly review, records of accounts at facilities to which (a) through (g) apply.

(1) Verification that consumers have been provided on-going access to documentation of the management of their own funds.

(2) Verification of compliance with Generally Acceptable Accounting Principles (GAAP) or with another comprehensive basis of accounting, and with specific requirements of payers of the funds, including but limited to the Social Security Administration.

(A) Account(s) for consumer(s) must be maintained separate from an organization's operating account.

(i) Accounts shall be properly titled to clarify the account is on behalf of the beneficiary (payee) or a group of beneficiaries (payees). Account titles shall not conflict with confidentiality laws.

(ii) If a group account is utilized, records shall clearly show the amount of each beneficiary's share within the account.

(iii) For beneficiaries with more than $500 aggregate funds, the funds shall be in an interest bearing account and each beneficiary shall be credited with his/her share of the interest.

(B) Accounting records must verify that the representative payee sets aside and makes readily available to the beneficiary, at least the amount stipulated by payer of the funds, including the Social Security Administration, per person per month to assist the beneficiary with personal needs.

(C) Documentation shall validate that funds belonging to a beneficiary have been used only for his/her needs.

(D) Consumers and facility representatives shall sign off on any monies spent on behalf of consumers as proof of agreement with the financial transaction. If approval of the transaction is not required for purchase, signatures shall still be required as an acknowledgement of the transaction.

(3) Any consumer complaints or finding of potential irregularity related to the management of consumer personal funds shall be referred for review or potential investigation to the appropriate authority, including but not limited to the Department, the Social Security Administration, and the Oklahoma State Auditor and Inspector.

Okla. Admin. Code § 450:15-3-10

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 14 Ok Reg 2664, eff 6-27-97; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 28 Ok Reg 903, eff 7-1-11