Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
licensee shall develop and implement written policies and procedures to
maintain a complete record of collection of fees, payments and deposits between
the licensee, the drug and alcohol recovery house or its employees and the
resident or on behalf of the resident in accordance with standard accounting
practices. The record must include all of the following:
(1) All fee deposits, resident fees and other
monetary transactions between the drug and alcohol recovery house and the
resident.
(2) Documentation that
the drug and alcohol recovery house returned all deposits due to the resident
when the resident departed the drug and alcohol recovery house, signed and
dated by the licensee and resident.
(b) The licensee shall develop and implement
written policies and procedures that prohibit the licensee, staff, volunteers
or contractors of the drug and alcohol recovery house from all of the
following:
(1) Requiring a resident to sign a
document relinquishing the resident's public assistance benefits, including
medical assistance benefits, cash assistance, Supplemental Security Income and
Supplemental Nutrition Assistance Program benefits.
(2) Requiring a resident to surrender cash or
sign over a paycheck.
(3) Borrowing
money from a resident or lending money to a resident.
(4) Buying property from a resident or
selling property to a resident.
(5)
Directly or indirectly soliciting or accepting a commission, fee or anything of
monetary or material value from residents, other related individuals,
third-party entities or referral sources, beyond specified rent established in
writing at the time of residency.
(c) Residents maintain the right to manage
their own personal finances.
(d) A
licensee may assist a resident in managing the resident's finances, budgeting
and spending. The following apply:
(1) The
licensee shall keep a record of financial transactions in accordance with
standard accounting practices, including the dates, amounts of deposits,
amounts of withdrawals and the current balance.
(2) The licensee shall disburse resident
funds during normal business hours within 24 hours of the resident's
request.
(3) The licensee shall
obtain a written receipt from the resident for cash disbursements at the time
of disbursement.
(4) The licensee
shall only use resident funds and property for the resident's
benefit.
(5) The licensee may not
commingle resident funds and house funds.
(6) If the licensee is holding more than $200
for a resident for more than 2 consecutive months, the licensee shall notify
the resident and offer assistance in establishing an interest-bearing account
in the resident's name at a local Federally-insured financial institution. This
does not include security deposits.
(7) The licensee, staff, volunteers or
contractors shall not be assigned power of attorney or guardianship of a
resident or a resident's estate.
(8) The licensee shall maintain a copy of the
itemized account in the resident's record.
(9) The licensee shall provide the resident
the opportunity to review their own financial record upon request during normal
business hours.
(e) The
licensee shall establish a written agreement with a resident before assisting
in managing the resident's finances. The following apply:
(1) The licensee and resident shall sign the
agreement.
(2) The agreement must
include all of the following:
(i) The
financial assistance provided by the licensee.
(ii) The right of the resident to at least 30
days advance notice, in writing, of the licensee's request to change the
agreement.
(iii) The right of the
resident to rescind the agreement in writing.
(3) The licensee shall maintain a copy of the
financial management services agreement in the resident's record.
This section cited in 28 Pa. Code §
717.6 (relating to application and
renewal).
