Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 30.00 - Fiscal Administration
Section 30.07 - Disposition of Personal Property Abandoned at Facilities or Programs
Universal Citation: 104 MA Code of Regs 104.30
Current through Register 1531, September 27, 2024
(1) Purpose. To establish standard procedures for handling, controlling and disposing of personal property abandoned by patients at the Department operated or contracted for facilities or by clients at residential sites that are operated by the Department or by a program contracted for by the Department.
(2) Scope. 104 CMR 30.07 applies to the Department operated and contracted for facilities and Department operated and contracted for programs that operate residential sites as defined in 104 CMR 28.13: Licensing: Physical Standards.
(3) Definitions. As used in 104 CMR 30.07, the terms listed in 104 CMR 30.07(3) have the following definitions.
(a)
Abandoned Property.
1. personal property that belongs to a
patient and which is left behind by the patient after the patient is discharged
from the facility; or
2. personal
property that belongs to a client and which is left behind by the client at a
program's residential site after the client leaves the residential
site.
(b)
Discharged means being formally discharged from a
facility or being classified as absent without authorization (AWA) pursuant to
104
CMR 27.15: Absence without
Authorization, for six months.
(c)
To Leave a Residential
Site means that the client has left a residential site with no
intent to return.
(4) Patients and Clients are Responsible for Their Personal Property.
(a) Patients and
clients are responsible for their personal property that they bring to or
acquire while at a Department operated or contracted for facility or program.
Facilities and programs are not responsible for damage to, loss of, or theft of
the personal property of patients or clients.
(b) At the time of discharge from a facility,
it is the patient's responsibility to remove or make arrangements for the
removal of his or her personal property from the facility. Similarly, when a
client leaves a residential site operated by a program, the client is
responsible for removing or making arrangements for the removal of his or her
personal property from the site.
(5) Notification of Policies Concerning Abandoned Property.
(a)
Facilities. At
the time of admission and again during the discharge planning process, or upon
request, a facility must provide a patient and his or her legally authorized
representative, if any, with written information on the facility's policies
concerning the disposition of patients' personal property that is abandoned at
the facility. The information shall also be provided to clients or their
legally authorized representatives upon their request.
(b)
Programs. When a
client is initially provided with services at a residential site of a program
and again ten or more days prior to a planned transition of the client from the
residential site to another place of residence on a permanent basis, the
program must provide the client and his or her legally authorized
representative, if any, with written information on the program's policies
concerning the disposition of personal property that is abandoned by clients at
the program's residential sites. The information shall also be provided to
clients or their legally authorized representatives upon their
request.
(6) Storage of Abandoned Personal Property.
(a) A facility or program shall inventory and
store abandoned personal property as soon as it is practical, but no later than
ten days, after the patient is discharged from the facility or the client
leaves the residential site of the program. A copy of the inventory shall be
maintained in the record of the patient or client. The storage shall be
appropriate for the nature and potential value of the abandoned
property.
(b) Abandoned property
shall be stored until such time as it is reclaimed by the patient or client or
his or her legally authorized representative, if any, or it is disposed of in
accordance with
104
CMR
30.07(8).
(7) Reasonable Efforts to Contact the Patient or Client. The facility and program shall make reasonable attempts to contact the patient or client or his or legally authorized representative, if any, to facilitate the return of the abandoned personal property. Such efforts shall include:
(a) Mailing a letter within ten days of the
discharge of the patient from a facility or a client leaving the residential
site operated by a program. The letter must be mailed to the last known address
of the patient or client (other than the facility or program) and to his or her
legally authorized representative, if any. The letter must:
1. describe the abandoned property in
sufficient detail so the patient or client will recognize it;
2. advise the patient or client to contact
the facility or program as soon as possible to reclaim the property;
and
3. inform the patient or client
how long the abandoned property will be kept before it is disposed of by the
facility or program.
(b)
30 days prior to disposing of any abandoned property pursuant to
104
CMR 30.07(8), the facility
or program must again mail a letter to the patient or client to the last known
address of the patient and client and to his or her legally authorized
representative, if any. A facility only must also send a copy of the letter to
patient's next of kin. The letter must inform the patient or client that the
facility or program intends to sell or otherwise dispose of the property in
accordance with law if it is not reclaimed and removed from the facility or
program within the next 30 days.
(c) When mailing the letters required by
104
CMR 30.07(7), the facility
and program must, to the extent permitted by privacy and confidentiality
statutes and regulations, check with other available resources to determine if
a more recent address can be obtained. At a minimum, a Department operated
program and facility shall ascertain if a more recent address for the patient
or client exists in the Department's records. If a more recent address is
obtained, a copy of the applicable letter shall also be sent to that new
address.
(d) All efforts to contact
the patient or client shall be documented in writing and kept in the record of
the patient or client.
(8) Disposing of Abandoned Property. In disposing of abandoned property, a facility and program must abide by all applicable laws and regulations.
(a)
Facilities.
1. A facility must retain abandoned property
for at least one year after the patient's discharge prior to disposing of
it.
2. Intangible personal property
(e.g., cash, checks, stocks, etc.) shall be
disposed of by delivering it over to the State Treasurer in accordance with
M.G.L. c. 123, § 26(b) and M.G.L. c. 200A.
3. Other personal property shall be disposed
of as follows:
a. The facility director, or
designee, shall determine if the property has sale value. If the property has
sale value, the facility director or designee shall solicit offers for purchase
from three reputable dealers in like property and shall sell the property to
the highest bidder. The proceeds from the sale shall be given to the State
Treasurer in accordance with M.G.L. c. 123, § 26(b) and M.G.L. c.
200A.
b. If the property is
determined not to have sale value, or if no offer is received in response to
solicitation for bids as described, the property may be disposed of in such a
manner deemed appropriate by the facility director, or designee. This may
include donating the property to charity or discarding the property.
c. A record of how a patient's abandoned
property was disposed of shall be signed by the facility director or designee
and filed with the former patient's facility records.
d. Staff of the facility shall not use,
purchase or otherwise acquire the abandoned property.
(b)
Programs.
1. A
program must retain abandoned property for at least 60 days after the client
leaves the program's residential site prior to disposing of it.
2. Intangible personal property shall be
delivered to the State Treasurer in accordance with M.G.L. c. 200A.
3. Other personal property shall be disposed
of as follows:
a. The program director or
designee, shall determine if the property has sale value. If the property has
sale value, the program director or designee shall solicit offers for purchase
from three reputable dealers in like property and shall sell the property to
the highest bidder. The proceeds from such sale shall be delivered to the State
Treasurer in accordance with the procedures set forth in M.G.L. c.
200A.
b. If the property is
determined not to have sale value, or if no offer is received in response to
solicitation for bids as described, the property may be disposed of in such a
manner deemed appropriate by the program director or designee. This may include
donating the property to charity or discarding the property.
c. A record of how a client's abandoned
property was disposed of shall be signed by the program director or designee
and filed with the client's program records.
d. Staff of the program shall not use,
purchase or otherwise acquire the abandoned property.
Disclaimer: These regulations may not be the most recent version. Massachusetts 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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