Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.09 - Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities
Section 10.07.09.19 - Records of Resident Personal Funds
Universal Citation: MD Code Reg 10.07.09.19
Current through Register Vol. 51, No. 19, September 20, 2024
A. Records. For all resident funds entrusted to a nursing facility, the facility shall:
(1) Maintain an individual record for the
funds of each resident, which includes the following information regarding each
fund transaction:
(a) The date of the
transaction,
(b) The type of
transaction, whether it is a deposit, withdrawal, or any other
transaction,
(c) When the
transaction is a withdrawal or deposit, reference to a numbered receipt,
and
(d) The balance of funds after
the completion of the transaction;
(2) At least weekly, post to the record of
the funds all deposits, withdrawals, and other transactions;
(3) Furnish each resident or, when
applicable, the resident's agent or interested family member, with a quarterly
statement of the resident's individual account not later than 30 days after the
end of each quarter;
(4) Make
available for inspection by the resident or, when applicable, the resident's
agent or interested family member, a monthly statement of the resident's
account; and
(5) Make available at
the nursing facility, for audit by the Department and the Office, records
pertaining to each resident's funds.
B. Receipts of Transactions.
(1) If a transaction involves a transfer of
funds between a resident and a second party, or between the nursing facility
and the institution in which the resident's account is located, the nursing
facility or financial institution shall:
(a)
Provide a receipt or copy of a receipt to the resident, or retain the
resident's copy of the receipt as part of the resident's individual financial
record; and
(b) Maintain the
original receipt and make it available for audit.
(2) Except as provided in §B(3) of this
regulation, a nursing facility shall require that each receipt for withdrawal
of funds from a resident's account be signed by the resident or, when
applicable, the resident's agent.
(3) A nursing facility may allow a resident
to withdraw money from the resident's account without signing a receipt only if
the nursing facility documents that the resident is not disabled but is
incapable of signing due to a physical disability.
(4) Except as set forth in Regulation .18H(2)
of this chapter, a nursing facility may withdraw money from a resident's
account without written authorization of the resident or, when applicable, the
resident's agent, if the:
(a) Nursing facility
documents that the resident is incapable of understanding the resident's rights
and responsibilities regarding finances;
(b) Resident's agent is unavailable;
and
(c) Withdrawal of funds is for
an item or service needed for the resident's direct and immediate benefit and
the facility maintains documentation that the withdrawal was used for that
purpose.
(5) A
withdrawal under §B(4) of this regulation requires witness signatures of
two facility employees authorized by the facility administrator.
C. Availability of Funds.
(1) A resident has the right to access funds
entrusted to the nursing facility:
(a) During
normal business hours, if the funds are held within the facility; or
(b) Within 3 banking days, if a bank, the
State treasurer, or a county or municipal treasurer holds the money.
(2) When a nursing facility
transfers or discharges a resident, the nursing facility shall either:
(a) Request and follow the resident's written
instructions for transferring the money;
(b) Return, upon the resident's or, when
applicable, the resident's agent's demand, the resident's money that the
nursing facility has in its possession and have the resident or agent sign a
receipt for the money; or
(c) Make
available to the resident or the resident's agent, within 3 banking days, the
resident's money which is in an account with a bank, the State treasurer, or
county or municipal treasurer.
D. Notice of Balances. A nursing facility shall provide written notification to a resident who receives Medicaid benefits:
(1) As specified in §
1611(a)(3)(B) of the Social Security Act when the amount in the resident's
account reaches $200 less than the Supplemental Security Income (SSI) resource
limit for one individual; and
(2)
That, when the amount in the account, in addition to the value of the
resident's other nonexempt resources, reaches the SSI resource limit for one
individual, the resident may lose eligibility for Medicaid or SSI.
E. Death of a Resident. Upon the death of a resident for whom a nursing facility is holding funds, the nursing facility shall notify the resident's agent or interested family member and:
(1) Convey within 30 days a final accounting
of the resident's personal funds which are deposited with the nursing
facility;
(2) Transfer, pursuant to
the resident's preexisting burial contract, an amount not to exceed the
outstanding unpaid balance of the contract, or the total of the resident's
funds entrusted to the nursing facility, whichever is less;
(3) Release the resident's funds only to an
individual who presents certified letters of administration that designate the
person as "Representative of the Estate of
_______________________________________"; and
(4) When the nursing facility is still in
possession of a resident's funds 1 year after the resident's death, the
facility shall report all money it holds for the former resident to the
Unclaimed Property Section, Comptroller of the Treasury.
Disclaimer: These regulations may not be the most recent version. Maryland 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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