BLAIR LEE III,
Acting Governor
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EACH PATIENT IN EXCESS OF $300 MOST BE PLACED IN INTEREST
BEARING ACCOUNTS IN THE NAME OF THE INDIVIDUAL PATIENT OR BE
PLACED IN AN AGGREGATE ACCOUNT OF THE GOVERNMENT'S TREASURER
TO WHICH SUBSIDIARY INDIVIDUAL PATIENT ACCOUNTS ARE TO BE
MAINTAINED. THE TREASURER SHALL CREDIT THE AGGREGATE
ACCOUNT WITH INTEREST AT A RATE EQUAL TO THE AVERAGE RATE OF
INTEREST EARNED BY THE GOVERNMENT'S SHORT TERM INVESTMENTS.
SUCH INTEREST SHALL BE DISTRIBUTED TO THE SUBSIDIARY
INDIVIDUAL PATIENT ACCOUNTS IN THE SAME PROPORTION THAT EACH
ACCOUNT BEARS TO THE TOTAL OF ALL SUCH ACCOUNTS. ALL
INTEREST EARNED BY PATIENTS' FUNDS SHALL BE CREDITED TO THE
INDIVIDUAL PATIENTS.
(2) A LICENSED EMPLOYEE OF THE HOME MAY BE
GIVEN A LIMITED POWER OF ATTORNEY FOR ANY INDIVIDUAL
ACCOUNT. THE DEPARTMENT SHALL PRESCRIBE A FORM TO BE USED
FOR THE LIMITED POWER OF ATTORNEY.
(J) THE COST OF ESTABLISHING AND SERVICING PATIENT
FUND ACCOUNTS AS REQUIRED BY THIS ACT, FOR PRIVATE, STATE,
AND FEDERALLY FUNDED PATIENTS, MAY BE ADDED TO THE OTHER
COSTS OF OPERATING THE FACILITY AND RECOVERED THROUGH THE
PER DIEM OR MONTHLY CHARGE FOR CARE OR IN COMPLIANCE WITH
THE REGULATIONS PROMULGATED BY THE SECRETARY OF HEALTH,
EDUCATION AND WELFARE IN ACCORDANCE WITH FEDERAL PUBLIC LAW
95-142.
(K) UPON DISCHARGE OF A PATIENT, ALL MONEY OF THAT
PATIENT WHICH IS ENTRUSTED TO THE FACILITY SHALL BE
SURRENDERED TO THE PATIENT OR THE PERSON DESIGNATED BY THE
PATIENT IN EXCHANGE FOR A SIGNED RECEIPT. IF THE
INSTITUTION HAS BEEN DESIGNATED REPRESENTATIVE PAYEE FOR THE
PURPOSE OF RECEIVING SOCIAL SECURITY FUNDS FOR THE USE AND
BENEFIT OF THE PATIENT, THE INSTITUTION SHALL TAKE PROMPT
STEPS TO HAVE THIS DESIGNATION CHANGED, AND TO TRANSFER THE
ENTRUSTED FUNDS TO THE NEW REPRESENTATIVE PAYEE, EXCEPT
WHERE THE PATIENT HAS BEEN TRANSFERRED TEMPORARILY TO AN
ACUTE CARE FACILITY. MONEY KEPT WITHIN THE FACILITY SHALL
BE SURRENDERED UPON DEMAND AND MONEY KEPT IN A BANK ACCOUNT
OR WITH THE COUNTY OR STATE TREASURER SHALL BE AVAILABLE
WITHIN THREE NORMAL BANKING DAYS.
(L) IF A PATIENT OF A FACILITY HAS NOT RESIDED AT THE
FACILITY FOR A PERIOD OF THREE MONTHS, THE FACILITY MAY NOT
CONTINUE TO HOLD ANY MONEY OR OTHER VALUABLES ENTRUSTED TO
IT BY THAT PATIENT, UNLESS THE FACILITY HAS WRITTEN NOTICE
FROM THE PATIENT OR THE ATTENDING PHYSICIAN THAT THE PATIENT
IS EXPECTED TO BE READMITTED AND DESIRES THAT THE FACILITY
CONTINUE TO HOLD SUCH MONEY OR VALUABLES. THE FACILITY
SHALL MAKE REASONABLE ATTEMPTS TO LOCATE THE PATIENT,
PERSONAL REPRESENTATIVE, OR HEIRS.
(M) (1) IF WITHIN THREE MONTHS THE FACILITY HAS
BEEN UNABLE TO LOCATE THE PATIENT, PERSONAL REPRESENTATIVE,
OR HEIRS, THE FACILITY SHALL TRANSFER ALL MONEY, INCLUDING
ANY INTEREST ACCRUED IN AN ACCOUNT OR OTHER VALUABLES IT
HOLDS FOR THAT PERSON, TO AN ESCROW ACCOUNT ADMINISTERED BY
THE STATE OFFICE OF THE COMPTROLLER.
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