Title 55 - HUMAN SERVICES
Part III - MEDICAL ASSISTANCE MANUAL
Chapter 1187 - Nursing Facility Services
Subchapter F - COST REPORTING AND AUDIT REQUIREMENTS
Section 1187.78 - Accountability requirements related to resident personal fund management
§ 1187.78. Accountability requirements related to resident personal fund management
(a) A nursing facility may not require residents to deposit their personal funds with the nursing facility. A nursing facility shall hold, safeguard and account for a resident's personal funds upon written authorization from the resident in accordance with this section and other applicable provisions in State and Federal law.
(b) A resident's personal funds may not be commingled with nursing facility funds or with the funds of a person other than another resident.
(c) A resident's personal funds in excess of $50 shall be maintained in an interest bearing account, and interest earned shall be credited to that account.
(d) A resident's personal funds that do not exceed $50 may be maintained in a noninterest bearing account, interest bearing account or petty cash fund.
(e) Statements regarding a resident's financial record shall be available upon request to the resident or to the resident's legal representative.
(f) The nursing facility shall notify each resident that receives MA benefits when the amount in the resident's personal fund account reaches $200 less than the SSI resource limit for one person.
(g) Within 60 days of the death of a resident, the nursing facility shall convey the resident's funds and a final accounting of those funds to the individual or probate jurisdiction administering the resident's estate.
(h) The nursing facility may not impose a charge against the personal funds of a resident for an item or service for which payment is made under MA or Medicare.
(i) The nursing facility shall maintain records relating to its management of residents' personal funds for a minimum of 4 years. These records shall be available to Federal and State representatives upon request.
(j) The nursing facility shall purchase a surety bond or otherwise provide assurances of the security of personal funds of the residents deposited with the nursing facility.(See the first section of this Title for historical and other information)