Section 45-24 - Participant Funds and Personal Property (a) Standards in this Section apply to any provider who takes responsibility for the funds or personal property of a participant. This includes: - (i) Serving as representative payee;
- (ii) Involvement in managing the funds of the participant;
- (iii) Receiving benefits or funds on behalf of the participant; or
- (iv) Temporarily safeguarding funds or personal property for the participant.
(b) The provider shall develop and implement written policies and procedures to identify and detail the system used to protect participant's funds and property. These policies and procedures shall be communicated to the participant or legally authorized representative, including: - (i) How the participant or any legally authorized representative will give informed consent for the expenditure of funds;
- (ii) How the participant or legally authorized representative may access the records of the funds;
- (iii) How funds are segregated for accounting and reporting purposes to the participant, legally authorized representative, and regulatory agencies, such as Social Security Administration or the Division of Healthcare Financing;
- (iv) Safeguards used to ensure that funds are used for the designated and appropriate purposes;
- (v) If interest is accrued, how interest is credited to the accounts of the participant;
- (vi) How service fees are charged for managing funds; and
- (vii) How the person's funds or personal property will be replaced or recouped in the event of theft or an unexplainable disappearance at the provider facility or during the provider's provision of services.
(c) Providers shall not use or allow participant funds or personal property to be used: - (i) As a reward or punishment, unless specified in the individualized plan of care as a restriction of rights that complies with the requirements in this Chapter and is approved by the participant and legally authorized representative;
- (ii) As payment for damages unless otherwise specified in the lease or other written agreement with evidence provided showing the charge is appropriate for the participant to make restitution, the rationale is documented, and the participant or legally authorized representative gives written informed consent to make restitution for damages;
- (iii) As payment for damages when the damage is the result of lack of appropriate supervision;
- (iv) To purchase inventory or services for the provider; or
- (v) On loan to the provider or the provider's employees.
(d) Participant funds shall not be comingled with provider business accounts or monies.
048-45 Wyo. Code R. § 45-24