Current through Register Vol. 51, No. 19, September 20, 2024
A. Personal Possessions.
(1) A resident has the right to retain and
use personal possessions, including furnishings and appropriate clothing as
space permits, unless to do so would be detrimental to the rights or health and
safety of other residents.
(2) A
facility shall take reasonable steps to ensure the safety and security of the
personal belongings of its residents.
(3) A facility shall provide a reasonable
amount of locked storage space for personal property upon the request of a
resident.
B. A nursing
facility may not limit the amount of funds it keeps on behalf of a resident,
but may limit the amount of other property that it retains on behalf of the
resident.
C. A nursing facility
shall establish written procedures to prevent loss or damage to, and protect,
property.
D. A nursing facility
shall establish written procedures for investigating an incident of loss or
damage to the property of a resident, including:
(1) A procedure by which an individual,
including a resident or representative of a resident, may report loss or
damage;
(2) The designation of an
employee of the nursing facility to:
(a)
Receive reports of loss or damage,
(b) Conduct an investigation, and
(c) Inform the resident, or when applicable,
a representative or interested family member, of the results of the
investigation.
E. Release of Personal Property. A nursing
facility shall release the property of a resident to:
(1) The resident or a representative upon
the:
(a) Request of the resident, or
(b) Transfer or discharge of the resident
from the nursing facility; or
(2) A government agency acting pursuant to
legal authority.
F.
Disposition of Personal Property Upon the Death of a Resident.
(1) Immediately upon but not later than 30
business days after the death of a resident, a nursing facility shall provide
notice of the resident's property being held by the facility to:
(a) The resident's representative or
interested family member; and
(b)
Government agencies which have paid any part of the nursing facility charges
for the resident.
(2)
Upon the death of a resident, the nursing facility shall release:
(a) The resident's wearing apparel other than
furs and jewels to a representative or immediate family member; and
(b) Other personal property only to an
individual who presents certified letters of administration that designate the
individual as "Representative of the Estate of
_______________________________________________".
(3) Personal property or income derived from
the cash conversion of personal property that a facility holds for a discharged
or deceased resident is presumed abandoned in accordance with Commercial Law
Article, Title 17, Annotated Code of Maryland, when the property or income from
cash conversion is not claimed within 1 year.
(4) When a nursing facility is still holding
a resident's personal property 1 year after the resident's death, the nursing
facility shall notify the Unclaimed Property Section, Comptroller of the
Treasury, for appropriate direction.
