New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 491 - Shelters For Adults
Section 491.13 - Resident funds and valuables
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 491.13
Current through Register Vol. 46, No. 39, September 25, 2024
(a) An operator of a shelter for adults, a small-capacity shelter, or a shelter for adult families who receives any funds or property from a resident or who acts in any way as a financial agent for a resident, either formally or informally, shall issue a signed receipt to the resident noting the date, amount or description of property and the nature of the transaction. Records of all transactions must be maintained as part of the operator's permanent records.
(b) Resident fund accounts.
(1) The operator may offer a
resident an opportunity to place personal funds in a facility-maintained
account.
(2) The operator shall not
require a resident to maintain a personal fund account at the
facility.
(3) The operator shall
provide for the safekeeping and accountability of resident funds.
(4) The operator shall hold resident funds in
trust for the sole use of the resident and shall not use these funds for any
other purpose.
(5) Resident funds
shall not be commingled with the personal funds of the operator or the
operating funds of the facility or become an asset of the operator.
(6) The resident may terminate the personal
fund account at any time.
(7) No
service fee shall be charged by the operator for maintaining a fund account for
a resident.
(8) A system of
recordkeeping for resident personal funds shall be described in the operational
plan submitted for office approval.
(9) Upon change of ownership, the current
operator shall transfer all records and provide the new operator with a written
statement of all resident personal fund accounts. This statement shall verify
that the balance being transferred in each resident fund account is true and
accurate as of the date of transfer and shall be confirmed by resident
signatures.
(10) At change of
ownership, the new owner shall assume, in writing, responsibility for account
balances turned over at the change of ownership together with responsibility
for all requirements of this section.
(11) Each resident shall have the
opportunity, during business hours, to examine his/her personal fund account
records upon request made at least one business day in advance.
(c) Resident valuables.
(1) The operator may offer a
resident the opportunity to place money, property or items of value in the
operator's custody.
(2) The
operator shall maintain inventory records and provide for the security of all
property or items of value which the resident has voluntarily given to the
operator to hold in custody or to exercise control over.
(3) The operator shall obtain written
authorization from the resident to hold property or items of value and shall
provide each resident with a receipt therefor.
(4) Resident property or items of value shall
be segregated from the assets of the operator.
Disclaimer: These regulations may not be the most recent version. New York 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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