Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 4.00 - Long Term Care Facilities
Section 4.07 - Residents' Personal Funds and Belongings

(1) to require any resident to deposit his/her personal funds with the facility;

(2) to fail or refuse to permit a resident to manage his/her personal financial affairs;

(3) to fail or refuse, upon a resident's written authorization, to hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility, as specified in 940 CMR 4.07(4) through (7) or, for residents of chronic disease and rehabilitation hospitals, as defined by 940 CMR 4.01(12);

(4) to manage a resident's personal funds without either his/her written authorization to do so or the written authorization of his/her legal representative; the written authorization shall contain the information required by 940 CMR 4.01(17) and shall include specification of the funds over which the licensee or administrator shall have control;

(5) in the event that any resident or his/her legal representative provides the facility with written authorization to manage personal funds, to fail to:

(6) if the licensee or administrator manages a resident's personal funds, to fail or refuse to establish and maintain a system that assures a full and complete and separate accounting according to generally accepted accounting principles of each resident's personal funds entrusted to the facility on the resident's behalf; to fail or refuse to provide an individual financial record which shall include a written record of all financial transactions and documentation of all interest earned thereon; such record must be available through quarterly statements and on request to the resident, his/her legal representative or next of kin;

(7) to fail or refuse to permit a resident to rescind at any time his/her written authorization that the licensee or administrator manage his/her personal funds;

(8) except in the case of a private resident, if a resident's personal funds are managed by the facility, to fail to notify the resident and his/her next of kin or legal representative when such funds are within $200 of the amount that could result in a loss of eligibility for Medicaid or SSI under 42 CFR § 483.10(c)(5)(i) through (ii) and any applicable state regulation;

(9) to fail or refuse to permit a resident to retain and use personal possessions, including some furnishings and appropriate clothing as space permits, unless to do so would infringe upon rights or health and safety of other residents;

(10) to fail to provide adequate and secure storage space to each resident for his/her personal property as well as individual access to a private storage area, which shall include, but need not be limited to, a private, individually locked drawer or box to which the resident shall have sole control of the key, except that the administrator or a designee shall hold a master key to such locked spaces;

(11) to fail or refuse to convey, upon the death or transfer of a resident, the resident's personal funds which had been deposited with the facility and a final accounting of those funds either to the resident, legal representative, or the individual administering the resident's estate, within 30 business days of said resident's transfer or death.

(12) to permit any commingling of resident funds with facility funds or with the funds of any person other than another resident.