976

LAWS OF MARYLAND

Ch. 21

ESTABLISHING AND SERVICING ACCOUNTS FOR PRIVATE, STATE, AND
FEDERALLY FUNDED RESIDENTS; AND

(2) RECOVER THE COST THROUGH A DAILY OR MONTHLY
CHARGE FOR CARE OR AS PROVIDED IN RULES OR REGULATIONS THAT
THE SECRETARY OF HEALTH AND HUMAN SERVICES ADOPTS UNDER THE
SOCIAL SECURITY ACT.

(I) ACCOUNTING.

A FACILITY:

(1)  SHALL MAKE AN ACCOUNTING OF MONEY OF A
RESIDENT TO THE RESIDENT OR PERSONAL REPRESENTATIVE OF THE
RESIDENT; AND

(2)  IN ACCORDANCE WITH DEPARTMENT RULES AND
REGULATIONS:

(I)  SHALL KEEP, AT THE FACILITY, RECORDS
OF ALL TRANSACTIONS WITH MONEY OF RESIDENTS; AND

(II)  SHALL BE SUBJECT TO AUDIT.

(J) SURRENDER OF FUNDS.

(1). IF A FACILITY DISCHARGES A RESIDENT, THE
FACILITY SHALL:

(I)  RETURN, ON DEMAND, THE MONEY OF THE
RESIDENT THAT THE FACILITY HAS IN POSSESSION TO THE RESIDENT
OR A DESIGNEE OF THE RESIDENT IF THE RESIDENT OR DESIGNEE
SIGNS A RECEIPT; AND

(II)  MAKE THE MONEY OF THE RESIDENT IN AN
ACCOUNT WITH A BANK OR THE STATE, COUNTY, OR MUNICIPAL
TREASURER AVAILABLE TO THE RESIDENT OR DESIGNEE WITHIN 3
BANKING DAYS.

(2) (I) THIS PARAGRAPH DOES NOT APPLY TO A
RESIDENT WHO IS TRANSFERRED TEMPORARILY TO AN ACUTE CARE
FACILITY.

(II) IF A FACILITY DISCHARGES A RESIDENT
AND THE FACILITY IS THE REPRESENTATIVE PAYEE OF THE
RESIDENT, THE FACILITY SHALL:

1.  PROMPTLY SEEK DESIGNATION OF A
NEW REPRESENTATIVE PAYEE; AND

2.  TRANSFER ALL. MONEY OF THE
RESIDENT TO THE NEW REPRESENTATIVE PAYEE.

(K) HOLDING FUNDS.