N.Y. Comp. Codes R. & Regs. Tit. 18 § 487.6 - Resident funds and valuables
(a)
Funds.
(1) The operator shall
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 shall 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 shall not be mingled with the personal funds of the
operator or the operating funds of the facility, nor become an asset of the
operator.
(4) Personal allowance
accounts and accounts for other resident funds shall be kept separate and
distinct from each other and from any other account(s).
(5) Upon change of operator, the current
operator shall 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 shall document that the balance being transferred in each resident
fund account is true and accurate as of the proposed date of transfer, and
shall be confirmed by resident signature(s).
(6) Upon change of operator, the new operator
shall 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 shall 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, shall receive that allowance in accordance 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 shall be made to the resident within two banking days of the
transaction.
(3) The operator shall
obtain written acknowledgment monthly from each resident, confirming receipt of
his/her personal allowance.
(c)
Personal allowance accounts.
(1) At the time of admission and at the time
of the first increase in the personal allowance occurring in any calendar year,
the operator shall, 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 shall provide for the
safekeeping and accountability of a personal allowance account.
(3) The operator shall hold resident funds in
custody for the sole use of the resident and shall not use these funds for any
other purpose.
(4) No service fee
shall be charged by the operator for maintaining a personal allowance account
for a resident who is in receipt of SSI or HR.
(5) Residents shall have access to personal
allowance accounts at least four hours daily, Monday through Friday. The access
schedule must be posted and may not be changed without five days' advance
notice.
(6) Upon request, each
resident shall 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 shall be made quarterly.
(8) The operator shall maintain individual
records for each resident who has a personal allowance account, showing all
deposits, withdrawals and the current balance.
(9) The operator shall document all such
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) The operator shall reconcile personal
allowance account balances to the total personal allowance funds maintained by
the facility at least monthly. The reconciliation requirement shall be met by
maintaining a personal allowance summary (DSS-2855).
(11) No alternative system of recordkeeping
for resident personal allowance accounts may be substituted for the above
without the prior written consent of the department.
(12) At least quarterly, the operator shall
give each resident who has a personal allowance account, a statement showing
total deposits, withdrawals and current balance of the resident's account and
secure the resident's acknowledgment, in writing, of the accuracy of the
statement.
(13) The operator shall
not require a resident to maintain a personal allowance account at the
facility.
(14) The operator shall
not be 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 shall not be mingled with any
personal allowance funds maintained pursuant to subdivision (b) of this
section.
(3) The operator shall
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/her custody or to exercise control over.
(4) The operator shall obtain written
authorization from the resident to hold the resident's funds.
(5) Records of all transactions shall 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 shall 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 shall obtain written
authorization from the resident to hold property or items of value, and shall
provide each resident with a receipt.
(4) Resident property or items of value shall
be segregated from the assets of the operator.
(5) Records of all transactions shall be
maintained as part of the facility records.
(f)
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 shall
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; and
(iii) any property or
things of value held in trust or in custody by the operator.
(2) The operator shall refund, on
the basis of a per diem proration, any advance payment(s) made by the
resident.
(3) The operator shall
return to the resident, representative or other appropriate individual or
agency, any property or items of value which come into the possession of the
operator after discharge or transfer.
(4) Upon the death of a resident, the
operator shall 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 shall contact the
appropriate Surrogate's Court to arrange for the transfer.
Notes
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