BLAIR LEE III, Acting Governor

1885

BENEFIT AND WELFARE OF THE PATIENT UNLESS THE EXPENDITURES
ARE CONSISTENT WITH THE EXPRESSED WISHES OF THE PATIENT AND

WITH PAST BEHAVIOR OF THE PATIENT, AND DO NOT PREVENT THE

PATIENT'S NEEDS FROM BEING FULLY MET BY HIS REMAINING

RESOURCES.

(B)    EVERY FACILITY SHALL MAINTAIN ADEQUATE SAFEGUARDS
OF PATIENTS' MONEYS AND VALUABLES ENTRUSTED TO THE
FACILITY'S CARE.

(C)    A FACILITY SHALL MAINTAIN AN ACCOUNT SEPARATE
FROM THE ACCOUNTS OF THE FACILITY FOR ALL MONEY WHICH IS
ENTRUSTED TO IT BY ANY OF THE PATIENTS. A PATIENT IS NOT
LIABLE FOR ANY ACT OR FAILURE TO ACT BY THE FACILITY
CONCERNING THE FINANCES OF THE FACILITY OR THE PATIENT.

(D)    A FACILITY SHALL MAINTAIN ON THE PREMISES RECORDS
OF ALL TRANSACTIONS CONCERNING PATIENTS' FUNDS IN ACCORDANCE
WITH DEPARTMENT GUIDELINES AND SHALL BE SUBJECT TO AUDIT IN
ACCORDANCE WITH REGULATIONS ISSUED BY THE DEPARTMENT, AND
SHALL MAKE AN ACCOUNTING TO THE PATIENT OR THE PERSONAL
REPRESENTATIVE FOR THE PATIENTS' FUNDS.

(E)    A PATIENT MAY ALWAYS RETAIN CONTROL OVER HIS
FINANCIAL TRANSACTIONS UNLESS DECLARED INCOMPETENT BY A
COURT IN ACCORDANCE WITH THE PROVISIONS OF THE ESTATES AND
TRUSTS ARTICLE OF THE CODE, EXCEPT WHEN THE SOCIAL SECURITY
ADMINISTRATION HAS DESIGNATED A REPRESENTATIVE PAYEE TO
RECEIVE THESE SOCIAL SECURITY FUNDS FOR THE USE AND BENEFIT
OF THE PATIENT. A PATIENT MAY APPOINT THE ADMINISTRATOR OF
THE INSTITUTION OR THE ADMINISTRATOR'S DESIGNEE OR ANOTHER
PERSON OF THE PATIENT'S OWN CHOOSING TO HANDLE FINANCIAL
TRANSACTIONS.

(F)    ANY PERSON WHO HAS REASON TO BELIEVE THAT THERE
HAS BEEN ABUSE OF A PATIENT'S FUNDS MAY MAKE A WRITTEN OR
ORAL COMPLAINT SETTING FORTH THE REASONS WHY THE COMPLAINANT
BELIEVES THAT THE PATIENT'S FUNDS ARE BEING ABUSED AND THE
FACTS IN THE COMPLAINANT'S POSSESSION SUPPORTING THE
COMPLAINT. THE COMPLAINT SHALL BE MADE TO:

(1)    THE LOCAL DEPARTMENT OF SOCIAL SERVICES IN
THE COUNTY IN WHICH THE FACILITY IS LOCATED; OR

(2)    IF THE PATIENT IS 65 YEARS OF AGE OR OLDER,
TO THE DIRECTOR OF THE STATE OFFICE ON AGING. IF THERE IS
NO LOCAL OFFICE TO REPORT TO THEN THE COMPLAINT MAY BE MADE
TO THE LOCAL DEPARTMENT OF SOCIAL SERVICES IN THE COUNTY IN
WHICH THE FACILITY IS LOCATED.

(I) UNLESS THE ALLEGED ABUSER OF THE
PATIENT'S FUNDS IS THE ADMINISTRATOR OF THE FACILITY IN
WHICH THE PATIENT RESIDES AND THE PERSON RECEIVING THE
COMPLAINT BELIEVES THAT IT WOULD ADVERSELY AFFECT THE
INVESTIGATION, THE PERSON RECEIVING THE COMPLAINT SHALL,
UPON RECEIPT OF THE COMPLAINT, IMMEDIATELY NOTIFY THE
ADMINISTRATOR OF THE FACILITY OF THE COMPLAINT IN WRITING.