Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 87 - Adult Brain Injury Facilities Licensing Standards
Subchapter C - Client Protection
Section I-8759 - Client Funds

Universal Citation: LA Admin Code I-8759

Current through Register Vol. 50, No. 9, September 20, 2024

A. If a facility offers the service of safekeeping and/or management of clients personal funds, the facility's admission agreement shall include the clients rights regarding personal funds and list the services offered and charges, if any. Any charges assessed shall not exceed the actual cost incurred by the facility for the provision of the services.

B. There is no obligation for a client to deposit funds with the facility or have the facility manage his/her funds, and the facility may not require the client to deposit his/her funds with the facility. If a facility offers the service of safekeeping and if a client wishes to entrust funds, the facility shall:

1. obtain written authorization from the client and/or his/her representative to safekeeping of funds;

2. provide each client with a receipt listing the amount of money the facility is holding in trust for the client;

3. maintain a current balance sheet containing all financial transactions to include the signatures of staff and the client for each transaction; and

4. not accept more than $300 of a clients money.

C. If a facility offers the service of safekeeping and/or management of clients personal funds, the facility shall purchase a surety bond or otherwise provide assurance satisfactory to the secretary to assure the security of all personal funds of clients deposited with the facility. In addition, if a client wishes the facility to assist with the management of all their funds, the facility:

1. shall receive written authorization to manage the clients funds from the client and the representative, if applicable;

2. shall only manage a clients money when such management is mandated by the clients service plan; and

3. shall keep funds received from the client for management in an individual account in the name of the client.

D. When a client is discharged, the facility shall refund the balance of the clients personal funds to the client or representative, if applicable, on the date of discharge or no later than the last day of the month of the month of discharge.

E. In the event of the death of the client, the facility shall refund the balance of the clients personal funds to the executor of the clients estate. If there is no executor, the facility shall refund the balance to the representative or responsible party for the client. The refund shall be made within three months of the date of death.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.

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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