Section DHS 83.34 - Resident funds(1) AUTHORIZATION. Except for a resident in the custody of a government correctional agency, the CBRF may not obtain, hold, or spend a resident's funds without written authorization from the resident or the resident's legal representative. The resident or the resident's legal representative may limit or revoke authorization at any time by writing a statement that shall specify the effective date of the limitation or revocation.(2) FUNDS UNDER $200. (a) Upon written authorization, a CBRF may hold no more than $200 cash for use by the resident. The CBRF may not commingle residents' funds with the funds or property of the CBRF, the licensee, employees, or relatives of the licensee or employees.(b) The CBRF shall have a legible, accurate accounting method for tracking residents' cash and shall include a record of any deposits, disbursements and earnings made to or on behalf of the resident. The CBRF shall provide a receipt to the resident or the resident's legal representative for all expenditures in excess of $20.(c) The CBRF shall provide a written report of the resident's account to the resident or the resident's legal representative at least every 6 months. Upon written request from the resident or resident's legal representative, the CBRF shall provide a written monthly account of any financial transactions.(3) FUNDS IN EXCESS OF $200. A CBRF receiving more than $200 of personal funds from a resident shall deposit funds in excess of $200 in an interest-bearing account in the resident's name in a savings institution insured by an agency of, or a corporation chartered by, this state or the United States.(4) FINAL ACCOUNTING. Within 14 days after a resident is discharged, the CBRF shall provide to the resident or the resident's legal representative a written final accounting of all the resident's funds held by the CBRF and shall disburse any remaining money to the resident or to the resident's legal representative.(5) LIMITATIONS. (a) No CBRF licensee, administrator or employee may do any of the following: 1. Sell to or purchase from a resident or prospective resident, real or personal property.2. Accept or borrow money from a resident or prospective resident.3. Be appointed as power of attorney for any resident unless related to the resident by blood or adoption.4. Accept gifts from a resident except for gifts of nominal value.(b) No CBRF, nor any employee on behalf of the CBRF, may accept donations from any resident, except those made by a competent resident or made with the knowledge of the resident's legal representative acting within the scope of their authority and only for the benefit of the CBRF. No employee may accept personal gifts, including monetary gifts, from a resident.(6) SECURITY DEPOSIT. (a) If a CBRF collects a security deposit, the funds shall be deposited in an interest-bearing account insured by an agency of, or a corporation chartered by, this state or the United States.(b) The amount of the security deposit shall not exceed one month's fees for services.(c) The CBRF shall keep the security deposit account separate from other funds of the CBRF.(d) Within 30 days after the resident's discharge, the security deposit and any interest earned shall be paid to the person who made the security deposit. Interest paid shall be the actual interest earned.(7) TRANSFER OF FINANCIAL RESPONSIBILITY. When a change of ownership of the CBRF occurs, the transferor shall:(a) Notify the transferee in writing of any financial relationships between the transferor and residents.(b) Notify each resident or legal representative in writing where any financial relationship exists between the transferor and residents of the pending transfer.(8) AUDIT. A CBRF handling residents' funds under this section is subject to an accounting audit as ordered by the department. The accounting audit shall be completed by a certified public accountant paid for by the CBRF.Wis. Admin. Code Department of Health Services § DHS 83.34
CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.