Minnesota Administrative Rules

9505.0425 RESIDENT FUND ACCOUNTS.

Subpart 1.

Use of resident fund accounts.

A resident who resides in a long-term care facility may choose to deposit his or her funds including the personal needs allowance established under Minnesota Statutes, section 256B.35, subdivision 1, in a resident fund account administered by the facility.

Subp. 2.

Administration of resident fund accounts.

A long-term care facility must administer a resident fund account as in items A to I and parts 4655.4100 to 4655.4170.

A.

The facility must credit to the account all funds attributable to the account including interest and other forms of income.

B.

The facility must not commingle resident funds with the funds of the facility.

C.

The facility must keep a written record of the recipient's resident fund account. The written record must show the date, amount, and source of a deposit in the account, and the date and amount of a withdrawal from the account. The facility must record contemporaneously a deposit or withdrawal and within five working days after the deposit or withdrawal must update the recipient's individual written record to reflect the transaction.

D.

The facility shall require a recipient who withdraws $10 or more at one time to sign a receipt for the withdrawal. The facility shall retain the receipt and written records of the account until the account is subjected to the field audit required under Minnesota Statutes, section 256B.35, subdivision 4. A withdrawal of $10 or more that is not documented by a receipt must be credited to the recipient's account. Receipts for the actual item purchased for the recipient's use may substitute for a receipt signed by the recipient.

E.

The facility must not charge the recipient a fee for administering the recipient's account.

F.

The facility must not solicit donations or borrow from a resident fund account.

G.

The facility shall report and document to the local agency a recipient's donation of money to the facility when the donation equals or exceeds the statewide average monthly per person rate for skilled nursing facilities determined under parts 9549.0010 to 9549.0080. This documentation may be audited by the commissioner.

H.

The facility must not use resident funds as collateral for or payment of any obligations of the facility.

I.

Payment of any funds remaining in a recipient's account when the recipient dies or is discharged shall be treated under part 4655.4170.

Subp. 3.

Limitations on purpose for which resident fund account funds may be used.

Except as otherwise provided in this part, funds in a recipient's resident fund account may not be used to purchase the materials, supplies, or services specified in items A to F. Nevertheless, the limitations in this subpart do not prohibit the recipient from using his or her funds to purchase a brand name supply or other furnishing or item not routinely supplied by the long-term care facility.

A.

Medical transportation as provided in part 9505.0315.

B.

The initial purchase or the replacement purchase of furnishings or equipment required as a condition of certification as a long-term care facility.

C.

Laundering of the recipient's clothing as provided in part 9549.0040, subpart 2.

D.

Furnishings or equipment which are not requested by the recipient for his or her personal convenience.

E.

Personal hygiene items necessary for daily personal care. Examples are bath soap, shampoo, toothpaste, toothbrushes, dental floss, shaving cream, nonelectric shaving razor, and facial tissues.

F.

Over the counter drugs or supplies used by the recipient on an occasional, as needed basis that have not been prescribed for long-term therapy of a medical condition. Examples of over the counter drugs or supplies are aspirin, aspirin compounds, acetaminophen, antacids, antidiarrheals, cough syrups, rubbing alcohol, talcum powder, body lotion, petrolatum jelly, lubricating jelly, and mild antiseptic solutions.

Statutory Authority:

MS s 256B.04

History:

12 SR 624

Published Electronically:

August 12, 2008