Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 68 - Adult Residential Care Providers
Subchapter E - Resident Protection
Section I-6861 - Resident Personal Property and Funds
Universal Citation: LA Admin Code I-6861
Current through Register Vol. 50, No. 9, September 20, 2024
A. Personal Possessions. The ARCP may, at its discretion, offer safekeeping of valuable possessions. The ARCP shall have a written statement of its policy regarding the safekeeping of valuable possessions.
1. If the ARCP offers such a
service, a copy of the written policy and procedures shall be given to a
resident at the time of his/her occupancy.
2. The ARCP shall give the resident a receipt
listing each item that the ARCP is holding in trust for the resident. A copy of
the receipt shall be placed in the residents record. The list shall be revised
as items are added or removed.
B. Resident Funds
1. An ARCP may offer to safe keep residents
readily accessible personal funds up to $200 and/or assist with management of
funds in excess of $200. The ARCP shall ensure that the residents funds are
readily available upon residents request.
2. The residency agreement shall include the
residents rights regarding access to the funds, limits on incremental
withdrawals, and the charges for the service, if any.
3. If an ARCP offers the service of
safekeeping readily accessible personal funds up to $200, and if a resident
wishes to entrust funds, the ARCP shall:
a.
obtain written authorization from the resident and/or the resident's
representative, if applicable, as to safekeeping of funds;
b. provide each resident with a receipt
listing the amount of money the ARCP is holding in trust for the
resident;
c. maintain a current
balance sheet containing all financial transactions to include the signatures
of staff and the resident for each transaction; and
d. afford the resident the right to examine
the account during routine business hours.
4. If an ARCP offers the service of assisting
with management of funds in excess of $200,the following shall apply.
a. The ARCP shall obtain written
authorization to manage the resident's funds from the resident and the
representative if applicable.
b.
The resident shall have access through quarterly statements and, upon request,
financial records.
c. The ARCP
shall keep funds received from the resident for management in an individual
account in the name of the resident.
d. Unless otherwise provided by state law,
upon the death of a resident, the ARCP shall provide the executor or director
of the resident's estate, or the resident's representative, if applicable, with
a complete accounting of all the resident's funds and personal property being
held by the ARCP. The ARCP shall release the funds and property in accordance
with all applicable state laws.
5. If ARCP staff is named as representative
payee by Social Security or the Railroad Retirement Board or as fiduciary by
the U.S. Department of Veterans Affairs, in addition to meeting the
requirements of those agencies, the ARCP shall hold, safeguard, manage and
account for the personal funds of the resident as follows.
a. The ARCP shall deposit any resident's
personal funds in excess of $50 in an interest bearing account (or accounts)
separate from the ARCP's operating accounts, and that credits all interest
earned on the resident's funds to that account. In pooled accounts, there shall
be a separate accounting for each resident's share.
b. The ARCP shall maintain a resident's
personal funds that do not exceed $50 in a non-interest bearing account,
interest bearing account, or petty cash fund.
c. The ARCP shall establish and maintain a
system that assures a full, complete and separate accounting, according to
generally accepted accounting principles, of each resident's personal funds
entrusted to the ARCP on the resident's behalf.
i. The system shall preclude any comingling
of resident funds with ARCP funds or with the funds of any person other than
another resident.
ii. The
individual financial record shall be available through quarterly statements and
on request to resident and/or the resident's representative, if
applicable.
5.d. -
6.c.ii. Repealed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2166.1-2166.8.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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