Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Use of resident fund accounts.
A resident who resides in a long-term care facility may
choose to deposit his or her funds including the personal needs allowance
established under Minnesota Statutes, section
256B.35,
subdivision 1, in a resident fund account administered by the facility.
Subp. 2.
Administration of
resident fund accounts.
A long-term care facility must administer a resident fund
account as in items A to I and parts
4655.4100 to
4655.4170.
A. The facility must credit to the account
all funds attributable to the account including interest and other forms of
income.
B. The facility must not
commingle resident funds with the funds of the facility.
C. The facility must keep a written record of
the recipient's resident fund account. The written record must show the date,
amount, and source of a deposit in the account, and the date and amount of a
withdrawal from the account. The facility must record contemporaneously a
deposit or withdrawal and within five working days after the deposit or
withdrawal must update the recipient's individual written record to reflect the
transaction.
D. The facility shall
require a recipient who withdraws $10 or more at one time to sign a receipt for
the withdrawal. The facility shall retain the receipt and written records of
the account until the account is subjected to the field audit required under
Minnesota Statutes, section
256B.35,
subdivision 4. A withdrawal of $10 or more that is not documented by a receipt
must be credited to the recipient's account. Receipts for the actual item
purchased for the recipient's use may substitute for a receipt signed by the
recipient.
E. The facility must not
charge the recipient a fee for administering the recipient's account.
F. The facility must not solicit donations or
borrow from a resident fund account.
G. The facility shall report and document to
the local agency a recipient's donation of money to the facility when the
donation equals or exceeds the statewide average monthly per person rate for
skilled nursing facilities determined under parts
9549.0010 to
9549.0080. This documentation may
be audited by the commissioner.
H.
The facility must not use resident funds as collateral for or payment of any
obligations of the facility.
I.
Payment of any funds remaining in a recipient's account when the recipient dies
or is discharged shall be treated under part
4655.4170.
Subp. 3.
Limitations on purpose for
which resident fund account funds may be used.
Except as otherwise provided in this part, funds in a
recipient's resident fund account may not be used to purchase the materials,
supplies, or services specified in items A to F. Nevertheless, the limitations
in this subpart do not prohibit the recipient from using his or her funds to
purchase a brand name supply or other furnishing or item not routinely supplied
by the long-term care facility.
A.
Medical transportation as provided in part
9505.0315.
B. The initial purchase or the replacement
purchase of furnishings or equipment required as a condition of certification
as a long-term care facility.
C.
Laundering of the recipient's clothing as provided in part
9549.0040, subpart
2.
D. Furnishings or equipment which are not
requested by the recipient for his or her personal convenience.
E. Personal hygiene items necessary for daily
personal care. Examples are bath soap, shampoo, toothpaste, toothbrushes,
dental floss, shaving cream, nonelectric shaving razor, and facial
tissues.
F. Over the counter drugs
or supplies used by the recipient on an occasional, as needed basis that have
not been prescribed for long-term therapy of a medical condition. Examples of
over the counter drugs or supplies are aspirin, aspirin compounds,
acetaminophen, antacids, antidiarrheals, cough syrups, rubbing alcohol, talcum
powder, body lotion, petrolatum jelly, lubricating jelly, and mild antiseptic
solutions.
Statutory Authority: MS s
256B.04
