Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0037 - Medicaid
Chapter 45 - DD WAIVER PROVIDER STANDARDS, CERTIFICATION, AND SANCTIONS
Section 45-24 - Participant Funds and Personal Property

Universal Citation: WY Code of Rules 45-24

Current through September 21, 2024

(a) Standards in this Section apply to any provider who takes responsibility for the funds or personal property of a participant. This includes:

(i) Serving as representative payee;

(ii) Managing the funds of the participant;

(iii) Receiving benefits or funds on behalf of the participant; or

(iv) Temporarily safeguarding funds or personal property for the participant.

(b) The provider shall develop and implement written policies and procedures to identify and detail the system used to protect participant's funds and property. These policies and procedures shall be communicated to the participant or legally authorized representative, including:

(i) How the participant or any legally authorized representative will give informed consent for the expenditure of funds;

(ii) How the participant or legally authorized representative may access the records of the funds;

(iii) How funds are segregated for accounting and reporting purposes to the participant, legally authorized representative, and regulatory agencies, such as Social Security Administration or the Division;

(iv) Safeguards used to ensure that funds are used for the designated and appropriate purposes;

(v) If interest is accrued, how interest is credited to the accounts of the participant;

(vi) How service fees are charged for managing funds; and

(vii) How the person's funds or personal property will be replaced or recouped in the event of theft or an unexplainable disappearance at the provider service setting, or during the provider's provision of services.

(c) Providers shall not use or allow participant funds or personal property to be used:

(i) As a reward or punishment, unless specified in the individualized plan of care as a restriction of rights that complies with the requirements in this Chapter and is approved by the participant and legally authorized representative;

(ii) As payment for damages, unless otherwise specified in the lease or other written agreement, evidence shows the charge is appropriate, the rationale is documented, and the participant or legally authorized representative gives written informed consent to make restitution for damages;

(iii) As payment for damages when the damage is the result of lack of appropriate supervision;

(iv) To purchase inventory or services for the provider; or

(v) As a loan to the provider or the provider's employees.

(d) Participant funds shall not be comingled with provider business accounts or monies.

Disclaimer: These regulations may not be the most recent version. Wyoming 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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