Rhode Island Code of Regulations
Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 10 - Licensing and General Administration
Subchapter 05 - Developmental Disability Organizations
Part 1 - Rules and Regulations for Developmental Disability Organizations
Section 212-RICR-10-05-1.3 - Handling and Managing Participants' Money and Benefits
Universal Citation: 212 RI Code of Rules 10 05 1.3
Current through March 25, 2025
1.3.1 Fiduciary Duties for the Management of Participants' Funds
A.
The Organization shall have and implement written policies and procedures for
the handling and management of participants' money and benefits. Such policies
and procedures shall contain provisions related to the following:
1. Allow the participant to manage and have
access to his/her own funds and/or benefits unless the ISP annually documents
and justifies limitations to self-management;
2. A participant's funds and benefits are to
be safeguarded;
3. Participants
receive and spend their money and benefits at their direction in consideration
of their preferences;
4.
Participants are to have access to their money and benefits considering choice
and development of skills; and
5.
Funds shall be managed in compliance with all federal and state statutes,
rules, and regulations.
B. If assisting with management of funds, the
DDO shall have and implement policies and procedures related to the oversight
of the participant's financial resources that include:
1. Procedures that prohibit inappropriately
expending a participant's personal funds, theft of a participant's personal
funds, using a participant's funds for staff's own benefit, co-mingling
participant's personal funds with the DDO or another participant's funds, or
the DDO becoming a participant's legal representative; and
2. The DDO's reimbursement to the participant
of any funds that are missing due to theft or mismanagement on the part of any
staff of the DDO, or of any funds within the custody of the DDO that are
missing. Such reimbursement must be made within ten (10) business days of the
verification that funds are missing.
C. For those participants not yet capable of
managing their own money or benefits, and for whom the agency is the
representative payee as annually determined by the ISP and/or legal guardian,
the DDO shall prepare and maintain an accurate written record for each
participant of all money and benefits received or disbursed on behalf of or by
the participant. The record shall include:
1.
The date, amount and source of income and/or benefits received;
2. The date, amount and purpose of funds
disbursed;
3. Signature of the
staff making each entry in the participant's record; and
4. Annual Accounting Summary of Participant
Funds.
1.3.2 Earned Income Reporting
A. If the
Organization is managing a participant's funds on his/her behalf, and the
participant earns income from employment, the DDO shall be required to report
this earned income to the Medicaid Authority (Executive Office of Health and
Human Services) pursuant to federal and state Medicaid requirements on behalf
of the participant.
B. If the
Organization is not managing a participant's funds, the Organization shall
regularly offer the participant financial support and guidance or as requested
by the participant.
Disclaimer: These regulations may not be the most recent version. Rhode Island 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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