Current through Register Vol. 56, No. 18, September 16, 2024
(a) The individual's personal funds shall be
used solely for the individual.
(b)
The licensee shall not commingle any individual's personal funds with those of
the licensee or any other person or entity, and only the individual's name
shall be on any bank account.
(c)
There shall be no loans of finances, resources, or property from an individual
to the licensee, licensee's family member, or any other individual or
person.
(d) Unless otherwise
determined by the IDT, an individual's personal funds in excess of $ 200.00
shall be maintained in a separate bank account in the individual's name,
accessible only by the individual and the licensee.
(e) When the individual has been determined
by the IDT to be able to manage a specific amount of personal funds, and the
amount is documented in the service plan, the licensee shall disburse such
amounts to the individual accordingly. The licensee shall obtain the
individual's signature for such personal funds disbursed to the
individual.
(f) For all personal
funds that the individual is not capable of managing on his or her own, the
licensee shall maintain an accurate record of all transactions of the
individual's personal funds on the placing agency's approved form. The record
shall include:
1. All personal funds
transactions, whether received, expended, or disbursed, including, but not
limited to: wages; personal needs allowance (PNA); personal trust funds (PTF);
private trust funds; monetary gifts; reimbursements and tax rebates, payments
of bills, and purchases; and personal funds disbursed to the
individual;
2. The full date,
amount, and a specific description of each transaction; and
3. Receipts related to all disbursements and
expenditures. Receipts shall be either computer or register generated, or if
not so provided by the vendor, legibly handwritten, containing the name,
signature, location, and/or telephone number of the vendor or selling
party.
(g) The licensee
shall maintain all other documents related to the individual's finances,
including, but not limited to, bank statements, bank passbooks, paycheck stubs,
and income tax returns.
(h) The
licensee shall not charge the individual for services or supplies that the
licensee is obligated to provide by the licensing standards or by the provider
agreement between the placing agency and the licensee.
1. The licensee shall not charge the
individual for telephone usage other than long distance telephone calls or a
separate private telephone number that is provided strictly for the
individual's use.
2. The licensee
shall not charge the individual for heating or cooling the residence or any
portion thereof, electricity, hot and cold water, sewer, or gas for the car,
tolls, or parking.
3. Charges to
the individual for cable, satellite television, or cell phones shall be
approved by the IDT, and included in the service plan, to be reviewed
annually.
4. Grooming supplies
including, but not limited to, items, such as soap or other personal cleansing
products, shampoo and conditioner, shaving cream, disposable razors, regular
toothbrushes, toothpaste, mouthwash, deodorant, lotion, feminine products,
washcloths, towels, facial tissues, and toilet tissue shall be available to the
individual at the licensee's expense.
i. If
the individual's preference for a certain brand of such products poses a
hardship to the licensee, the IDT may approve and document in the service plan
that the individual will pay for them.
5. Individual electric toothbrushes, electric
razors, hair combs, brushes, styling products, accessories, cosmetics and
fragrances, shall be available to the individual at his or her own
expense.
6. Snacks and drinks shall
be available to the individual at the licensee's expense.
7. The licensee shall be responsible for the
cost of meals purchased in the community when the individual dines with the
licensee and/or the licensee's family. Exceptions shall be approved by the IDT,
documented in the service plan and reviewed annually.
8. The licensee shall provide laundry
services and supplies, including the use of the laundromat or wash and fold
services, without additional charge to the individual.
9. Dry cleaning services may be provided and
paid for at the individual's expense when approved by the IDT and documented in
the service plan.
(i)
Licensees shall cooperate with reviews conducted by the Department by making
the financial records available to the Office of Auditing, the case manager,
the case manager's supervisor, and any representative so authorized by the
Department.
1. The Office of Auditing will
select licensees at random and notify them of an audit with instructions on how
to comply.
2. Each licensee
selected for an audit under (i)1 above shall provide original documentation for
review, including, but not limited to: client account records, Personal Needs
Account summary sheet, client bank statements, client banking systems balances,
cash on hand amounts, and vendor receipts for the period requested.
3. The Office of Auditing will review the
documents to ensure that service recipients' funds are safe and protected, bank
accounts and cash on hand records are complete and reconciled, purchases and
disbursements reflect the specific needs of the individual service recipients,
and that licensee and service recipient funds are not intermingled.
4. The Office of Auditing will report any
evidence of an inappropriate purchase or disbursement consisting of an amount
of money equaling $ 100.00 or more to the Attorney General.
5. The Office of Auditing will report any
evidence that a case manager was aware of an inappropriate purchase or
disbursement consisting of an amount of money equaling $ 100.00 or more and
failed to document that fact or notify the case manager's supervisor to the
Attorney General.
