Current through August 31, 2023
Section 16.03.19.275 - RESIDENT FUNDS AND FINANCIAL RECORDS01.Resident Funds Policy. Each provider must possess and implement a policy and procedure describing how the resident's funds will be managed including the following: (3-28-23)a. When the resident moves out from the home under any circumstances except those under Section 912 of these rules, the provider will: (3-28-23) i. Only retain prepaid room and board funds prorated to the last day of the notice period terminating the admissions agreement as specified in the agreement, or upon the resident moving from the home, whichever is later; (3-28-23)ii. Immediately return all remaining resident funds to the resident or to the resident's representative as specified in the admission agreement under Section 260 of these rules; and (3-28-23)iii. Only use the resident's funds for that resident's expenses until a new payee is appointed. (3-28-23)b. Prohibit personal loans to the resident from the provider, provider's relatives, and other household members unless the loan is from a relative of the resident. When such a loan is made, the provider must: (3-28-23) i. Ensure the terms of the loan are described in a written contract signed and dated by the resident or resident's representative; (3-28-23)ii. Maintain a copy of the loan contract in the resident's record; and (3-28-23)iii. Immediately update documentation of repayments towards the loan. (3-28-23)02.Managing Resident Funds. When the resident's funds are turned over to the provider or staff for any purpose other than payment for services allowed under CFH requirements, or if the provider, provider's relative, staff, or an individual living in the home acts as the resident's payee, the provider is deemed to be managing the resident's funds. The provider who manages a resident's funds must: (3-28-23) a. Establish a separate account at a financial institution for each resident to which resident income and use of the resident's funds may be accounted and reconciled by means of a financial statement; (3-28-23)b. Prohibit commingling of the resident's funds with the funds of any other person, including borrowing funds from the resident; (3-28-23)c. Upon request, notify the resident or the resident's representative the current amount of the resident's funds available for their use; (3-28-23)d. Charge the resident the amount agreed upon in the admission agreement under Section 260 of these rules for CFH services on a monthly basis; (3-28-23)e. Maintain separate accounting records, including bank statements, cash ledgers with a running balance of cash on-hand, and receipts for any purchases in excess of ten dollars ($10) for each resident for whom the provider manages funds; (3-28-23)f. Restore funds to the resident if the provider cannot produce proper accounting records of resident's funds or property under Subsection 275.02.e. of this rule. Restitution of these funds to the resident is a condition for continued operation of the CFH; (3-28-23)g. Not require the resident to purchase goods or services from or for the home other than those under Section 260 of these rules; and (3-28-23)h. Provide the resident, the resident's legal guardian, representative with financial power of attorney, or conservator access to the resident's funds. (3-28-23)Idaho Admin. Code r. 16.03.19.275