Current through Register Vol. 47, No. 6, September 18, 2024
Each resident who has not been assigned a guardian or
conservator by the court may manage the resident's personal financial affairs,
and to the extent, under written authorization by the resident that the
facility assists in management, the management shall be carried out in
accordance with Iowa Code section
135C.24.
(II)
(1) The facility shall maintain a
written account of all the resident's funds received by or deposited with the
facility. (II)
a. An employee shall be
designated in writing to be responsible for resident accounts. (II)
b. The facility shall keep on deposit
personal funds over which the resident has control.
c. If the resident requests these funds, they
shall be given to the resident with a receipt maintained by the facility and a
copy to the resident. If a conservator or guardian has been appointed for the
resident, the conservator or guardian shall designate the method of disbursing
the resident's funds. (II)
d. If
the facility makes a financial transaction on a resident's behalf, the resident
or the resident's legal guardian or conservator must receive or acknowledge
having seen an itemized accounting of disbursements and current balances at
least quarterly. A copy of this statement shall be maintained in the resident's
financial or business record. (II)
e. A resident's personal funds shall not be
used without the written consent of the resident or the resident's guardian.
(II)
f. A resident's personal funds
shall be returned to the resident when the funds have been used without the
written consent of the resident or the resident's guardian. The department may
report findings that resident funds have been used without written consent to
the audits division or the local law enforcement agency, as appropriate.
(II)
(2) Contracts.
There shall be a written contract between the facility and each resident which
meets the following requirements:
a. State the
base rate or scale per day or per month, the services included, and the method
of payment; (III)
b. Contain a
complete schedule of all offered services for which a fee may be charged in
addition to the base rate; (III)
c.
Stipulate that no further additional fees shall be charged for items not
contained in complete schedule of services as set forth in subrule 62.17(2);
(III)
d. State the method of
payment of additional charges; (III)
e. Contain an explanation of the method of
assessment of additional charges and an explanation of the method of periodic
reassessment, if any, resulting in charging the additional charges;
(III)
f. State that additional fees
may be charged to the resident for nonprescription drugs, other personal
supplies, and services by a barber, beautician, etc. (Ill)
g. Contain an itemized list of those
services, with the specific fee the resident will be charged and method of
payment, as related to the resident's current condition, based on the program
assessment at the time of admission, which is determined in consultation with
the administrator (III)
h. Include
the total fee to be charged initially to the specific resident. (Ill)
i. State the conditions whereby the facility
may make adjustments to its overall fees for residential care as a result of
changing costs. (Ill) Furthermore, the contract shall provide that the facility
shall give:
(1) Written notification to the
resident and responsible party, when appropriate, of changes in the overall
rates of both base and additional charges at least 30 days prior to the
effective date of changes; (III)
(2) Notification to the resident and payor
when appropriate, of changes in additional charges based on a change in the
resident's condition. Notification must occur prior to the date the revised
additional charges begin. If notification is given orally, subsequent written
notification must also be given within a reasonable time, not to exceed one
week, listing specifically the adjustments made; (III)
(3) State the terms of agreement in regard to
refund of all advance payments, in the event of transfer, death, or voluntary
or involuntary discharge. (Ill)
j. State the terms of agreement concerning
the holding and charging for a bed when a resident is hospitalized or leaves
the facility temporarily for recreational or therapeutic reasons. The terms
shall contain a provision that the bed will be held at the request of the
resident or the resident's legal representative.
(1) The facility shall ask the resident or
legal representative if they want the bed held. This request shall be made
before the resident leaves or within 48 hours after the resident leaves. The
inquiry and the response shall be documented. (II)
(2) The facility shall reserve the bed when
requested for as long as payments are made in accordance with the contract.
(II)
k. State the
conditions under which the involuntary discharge or transfer of a resident
would be effected; (III)
l. State
the conditions of voluntary discharge or transfer; (III)
m. Set forth any other matters deemed
appropriate by the parties to the contract. No contract or any provision shall
be drawn or construed so as to relieve any health care facility of any
requirement or obligation imposed upon it by this chapter or any standards or
rules in force pursuant to this chapter; (III)
(3) Each party shall receive a copy of the
signed contract. (Ill)
This rule is intended to implement Iowa Code sections
135C.24 and 135C.23(I).