Personal possessions may be held in trust, requirements, disposalof--written statements required when, penalty--prohibitions,penalties--misappropriation, report, investigation--employeedisqualification list.
198.090. 1. An operator may make available to any resident the serviceof holding in trust personal possessions and funds of the resident and shall,as authorized by the resident, expend the funds to meet the resident'spersonal needs. In providing this service the operator shall:
(1) At the time of admission, provide each resident or his next of kinor legal guardian with a written statement explaining the resident's rightsregarding personal funds;
(2) Accept funds and personal possessions from or for a resident forsafekeeping and management, only upon written authorization by the resident orby his designee, or guardian in the case of an adjudged incompetent;
(3) Deposit any personal funds received from or on behalf of a residentin an account separate from the facility's funds, except that an amount to beestablished by rule of the division of aging may be kept in a petty cash fundfor the resident's personal needs;
(4) Keep a written account, available to a resident and his designee orguardian, maintained on a current basis for each resident, with writtenreceipts, for all personal possessions and funds received by or deposited withthe facility and for all disbursements made to or on behalf of the resident;
(5) Provide each resident or his designee or guardian with a quarterlyaccounting of all financial transactions made on behalf of the resident;
(6) Within five days of the discharge of a resident, provide theresident, or his designee or guardian, with an up-to-date accounting of theresident's personal funds and return to the resident the balance of his fundsand all his personal possessions;
(7) Upon the death of a resident who has been a recipient of aid,assistance, care, services, or who has had moneys expended on his behalf bythe department of social services, provide the department a complete accountof all the resident's personal funds within sixty days from the date of death. The total amount paid to the decedent or expended upon his behalf by thedepartment shall be a debt due the state and recovered from the availablefunds upon the department's claim on such funds. The department shall make aclaim on the funds within sixty days from the date of the accounting of thefunds by the facility. The nursing facility shall pay the claim made by thedepartment of social services from the resident's personal funds within sixtydays. Where the name and address are reasonably ascertainable, the departmentof social services shall give notice of the debt due the state to the personwhom the recipient had designated to receive the quarterly accounting of allfinancial transactions made under this section, or the resident's guardian orconservator or the person or persons listed in nursing home records as aresponsible party or the fiduciary of the resident's estate. If any funds areavailable after the department's claim, the remaining provisions of thissection shall apply to the balance, unless the funds belonged to a personother than the resident, in which case the funds shall be paid to that person;
(8) Upon the death of a resident who has not been a recipient of aid,assistance, care, services, or who has not had moneys expended on his behalfby the department of social services or the department has not made a claim onthe funds, provide the fiduciary of resident's estate, at the fiduciary'srequest, a complete account of all the resident's personal funds andpossessions and deliver to the fiduciary all possessions of the resident andthe balance of the resident's funds. If, after one year from the date ofdeath, no fiduciary makes claim upon such funds or possessions, the operatorshall notify the department that the funds remain unclaimed. Such unclaimedfunds or possessions shall be disposed of as follows:
(a) If the unclaimed funds or possessions have a value totaling onehundred and fifty dollars or less, the funds or the proceeds of the sale ofthe possessions may be deposited in a fund to be used for the benefit of allresidents of the facility by providing the residents social or educationalactivities. The facility shall keep an accounting of the acquisitions andexpenditure of these funds; or
(b) If the unclaimed funds or possessions have a value greater than onehundred and fifty dollars, the funds or possessions shall be immediatelypresumed to be abandoned property under sections 447.500 to 447.585, RSMo, andthe procedures provided for in those sections shall apply notwithstanding anyother provisions of those sections which require a period greater than twoyears for a presumption of abandonment;
(9) Upon ceasing to be the operator of a facility, all funds andproperty held in trust pursuant to this section shall be transferred to thenew operator in accordance with sound accounting principles, and a closeoutreport signed by both the outgoing operator and the successor operator shallbe prepared. The closeout report shall include a list of current balances ofall funds held for residents respectively and an inventory of all propertyheld for residents respectively. If the outgoing operator refuses to sign thecloseout report, he shall state in writing the specific reasons for hisfailure to so sign, and the successor operator shall complete the report andattach an affidavit stating that the information contained therein is true tothe best of his knowledge and belief. Such report shall be retained with allother records and accounts required to be maintained under this section;
(10) Not be required to invest any funds received from or on behalf ofa resident, nor to increase the principal of any such funds.
2. Any owner, operator, manager, employee, or affiliate of an owner oroperator who receives any personal property or anything else of value from aresident, shall, if the thing received has a value of ten dollars or more,make a written statement giving the date it was received, from whom it wasreceived, and its estimated value. Statements required to be made pursuant tothis subsection shall be retained by the operator and shall be made availablefor inspection by the department, or by the department of mental health whenthe resident has been placed by that department, and by the resident, and hisdesignee or legal guardian. Any person who fails to make a statement requiredby this subsection is guilty of a class C misdemeanor.
3. No owner, operator, manager, employee, or affiliate of an owner oroperator shall in one calendar year receive any personal property or anythingelse of value from the residents of any facility which have a total estimatedvalue in excess of one hundred dollars.
4. Subsections 2 and 3 of this section shall not apply if the propertyor other thing of value is held in trust in accordance with subsection 1 ofthis section, is received in payment for services rendered or pursuant to theterms of a lawful contract, or is received from a resident who is related tothe recipient within the fourth degree of consanguinity or affinity.
5. Any operator who fails to maintain records or who fails to maintainany resident's personal funds in an account separate from the facility's fundsas required by this section shall be guilty of a class C misdemeanor.
6. Any operator, or any affiliate or employee of an operator, who putsto his own use or the use of the facility or otherwise diverts from theresident's use any personal funds of the resident shall be guilty of a class Amisdemeanor.
7. Any person having reasonable cause to believe that a misappropriationof a resident's funds or property has occurred may report such information tothe department.
8. For each report the division shall attempt to obtain the name andaddress of the facility, the name of the facility employee, the name of theresident, information regarding the nature of the misappropriation, the nameof the complainant, and any other information which might be helpful in aninvestigation.
9. Upon receipt of a report, the department shall initiate aninvestigation.
10. If the investigation indicates probable misappropriation of propertyor funds of a resident, the investigator shall refer the complaint togetherwith his report to the department director or his designee for appropriateaction.
11. Reports shall be confidential, as provided under section 660.320,RSMo.
12. Anyone, except any person participating in or benefiting from themisappropriation of funds, who makes a report pursuant to this section or whotestifies in any administrative or judicial proceeding arising from the reportshall be immune from any civil or criminal liability for making such a reportor for testifying except for liability for perjury, unless such person actednegligently, recklessly, in bad faith, or with malicious purpose.
13. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified inwriting of its receipt and of the initiation of the investigation.
14. No person who directs or exercises any authority in a facility shallevict, harass, dismiss or retaliate against a resident or employee because heor any member of his family has made a report of any violation or suspectedviolation of laws, ordinances or regulations applying to the facility which hehas reasonable cause to believe has been committed or has occurred.
15. The department shall maintain the employee disqualification list andplace on the employee disqualification list the names of any persons who havebeen finally determined by the department, pursuant to section 660.315, RSMo,to have misappropriated any property or funds of a resident while employed inany facility.
(2003) Violation of written report provision of subsection 2 of section does not automatically constitute misappropriation of resident's funds under subsection 15 of section. Wells v. Dunn, 104 S.W.3d 792 (Mo.App.W.D.).
Personal possessions may be held in trust, requirements, disposalof--written statements required when, penalty--prohibitions,penalties--misappropriation, report, investigation--employeedisqualification list.
198.090. 1. An operator may make available to any resident the serviceof holding in trust personal possessions and funds of the resident and shall,as authorized by the resident, expend the funds to meet the resident'spersonal needs. In providing this service the operator shall:
(1) At the time of admission, provide each resident or his next of kinor legal guardian with a written statement explaining the resident's rightsregarding personal funds;
(2) Accept funds and personal possessions from or for a resident forsafekeeping and management, only upon written authorization by the resident orby his designee, or guardian in the case of an adjudged incompetent;
(3) Deposit any personal funds received from or on behalf of a residentin an account separate from the facility's funds, except that an amount to beestablished by rule of the division of aging may be kept in a petty cash fundfor the resident's personal needs;
(4) Keep a written account, available to a resident and his designee orguardian, maintained on a current basis for each resident, with writtenreceipts, for all personal possessions and funds received by or deposited withthe facility and for all disbursements made to or on behalf of the resident;
(5) Provide each resident or his designee or guardian with a quarterlyaccounting of all financial transactions made on behalf of the resident;
(6) Within five days of the discharge of a resident, provide theresident, or his designee or guardian, with an up-to-date accounting of theresident's personal funds and return to the resident the balance of his fundsand all his personal possessions;
(7) Upon the death of a resident who has been a recipient of aid,assistance, care, services, or who has had moneys expended on his behalf bythe department of social services, provide the department a complete accountof all the resident's personal funds within sixty days from the date of death. The total amount paid to the decedent or expended upon his behalf by thedepartment shall be a debt due the state and recovered from the availablefunds upon the department's claim on such funds. The department shall make aclaim on the funds within sixty days from the date of the accounting of thefunds by the facility. The nursing facility shall pay the claim made by thedepartment of social services from the resident's personal funds within sixtydays. Where the name and address are reasonably ascertainable, the departmentof social services shall give notice of the debt due the state to the personwhom the recipient had designated to receive the quarterly accounting of allfinancial transactions made under this section, or the resident's guardian orconservator or the person or persons listed in nursing home records as aresponsible party or the fiduciary of the resident's estate. If any funds areavailable after the department's claim, the remaining provisions of thissection shall apply to the balance, unless the funds belonged to a personother than the resident, in which case the funds shall be paid to that person;
(8) Upon the death of a resident who has not been a recipient of aid,assistance, care, services, or who has not had moneys expended on his behalfby the department of social services or the department has not made a claim onthe funds, provide the fiduciary of resident's estate, at the fiduciary'srequest, a complete account of all the resident's personal funds andpossessions and deliver to the fiduciary all possessions of the resident andthe balance of the resident's funds. If, after one year from the date ofdeath, no fiduciary makes claim upon such funds or possessions, the operatorshall notify the department that the funds remain unclaimed. Such unclaimedfunds or possessions shall be disposed of as follows:
(a) If the unclaimed funds or possessions have a value totaling onehundred and fifty dollars or less, the funds or the proceeds of the sale ofthe possessions may be deposited in a fund to be used for the benefit of allresidents of the facility by providing the residents social or educationalactivities. The facility shall keep an accounting of the acquisitions andexpenditure of these funds; or
(b) If the unclaimed funds or possessions have a value greater than onehundred and fifty dollars, the funds or possessions shall be immediatelypresumed to be abandoned property under sections 447.500 to 447.585, RSMo, andthe procedures provided for in those sections shall apply notwithstanding anyother provisions of those sections which require a period greater than twoyears for a presumption of abandonment;
(9) Upon ceasing to be the operator of a facility, all funds andproperty held in trust pursuant to this section shall be transferred to thenew operator in accordance with sound accounting principles, and a closeoutreport signed by both the outgoing operator and the successor operator shallbe prepared. The closeout report shall include a list of current balances ofall funds held for residents respectively and an inventory of all propertyheld for residents respectively. If the outgoing operator refuses to sign thecloseout report, he shall state in writing the specific reasons for hisfailure to so sign, and the successor operator shall complete the report andattach an affidavit stating that the information contained therein is true tothe best of his knowledge and belief. Such report shall be retained with allother records and accounts required to be maintained under this section;
(10) Not be required to invest any funds received from or on behalf ofa resident, nor to increase the principal of any such funds.
2. Any owner, operator, manager, employee, or affiliate of an owner oroperator who receives any personal property or anything else of value from aresident, shall, if the thing received has a value of ten dollars or more,make a written statement giving the date it was received, from whom it wasreceived, and its estimated value. Statements required to be made pursuant tothis subsection shall be retained by the operator and shall be made availablefor inspection by the department, or by the department of mental health whenthe resident has been placed by that department, and by the resident, and hisdesignee or legal guardian. Any person who fails to make a statement requiredby this subsection is guilty of a class C misdemeanor.
3. No owner, operator, manager, employee, or affiliate of an owner oroperator shall in one calendar year receive any personal property or anythingelse of value from the residents of any facility which have a total estimatedvalue in excess of one hundred dollars.
4. Subsections 2 and 3 of this section shall not apply if the propertyor other thing of value is held in trust in accordance with subsection 1 ofthis section, is received in payment for services rendered or pursuant to theterms of a lawful contract, or is received from a resident who is related tothe recipient within the fourth degree of consanguinity or affinity.
5. Any operator who fails to maintain records or who fails to maintainany resident's personal funds in an account separate from the facility's fundsas required by this section shall be guilty of a class C misdemeanor.
6. Any operator, or any affiliate or employee of an operator, who putsto his own use or the use of the facility or otherwise diverts from theresident's use any personal funds of the resident shall be guilty of a class Amisdemeanor.
7. Any person having reasonable cause to believe that a misappropriationof a resident's funds or property has occurred may report such information tothe department.
8. For each report the division shall attempt to obtain the name andaddress of the facility, the name of the facility employee, the name of theresident, information regarding the nature of the misappropriation, the nameof the complainant, and any other information which might be helpful in aninvestigation.
9. Upon receipt of a report, the department shall initiate aninvestigation.
10. If the investigation indicates probable misappropriation of propertyor funds of a resident, the investigator shall refer the complaint togetherwith his report to the department director or his designee for appropriateaction.
11. Reports shall be confidential, as provided under section 660.320,RSMo.
12. Anyone, except any person participating in or benefiting from themisappropriation of funds, who makes a report pursuant to this section or whotestifies in any administrative or judicial proceeding arising from the reportshall be immune from any civil or criminal liability for making such a reportor for testifying except for liability for perjury, unless such person actednegligently, recklessly, in bad faith, or with malicious purpose.
13. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified inwriting of its receipt and of the initiation of the investigation.
14. No person who directs or exercises any authority in a facility shallevict, harass, dismiss or retaliate against a resident or employee because heor any member of his family has made a report of any violation or suspectedviolation of laws, ordinances or regulations applying to the facility which hehas reasonable cause to believe has been committed or has occurred.
15. The department shall maintain the employee disqualification list andplace on the employee disqualification list the names of any persons who havebeen finally determined by the department, pursuant to section 660.315, RSMo,to have misappropriated any property or funds of a resident while employed inany facility.
(2003) Violation of written report provision of subsection 2 of section does not automatically constitute misappropriation of resident's funds under subsection 15 of section. Wells v. Dunn, 104 S.W.3d 792 (Mo.App.W.D.).
Personal possessions may be held in trust, requirements, disposalof--written statements required when, penalty--prohibitions,penalties--misappropriation, report, investigation--employeedisqualification list.
198.090. 1. An operator may make available to any resident the serviceof holding in trust personal possessions and funds of the resident and shall,as authorized by the resident, expend the funds to meet the resident'spersonal needs. In providing this service the operator shall:
(1) At the time of admission, provide each resident or his next of kinor legal guardian with a written statement explaining the resident's rightsregarding personal funds;
(2) Accept funds and personal possessions from or for a resident forsafekeeping and management, only upon written authorization by the resident orby his designee, or guardian in the case of an adjudged incompetent;
(3) Deposit any personal funds received from or on behalf of a residentin an account separate from the facility's funds, except that an amount to beestablished by rule of the division of aging may be kept in a petty cash fundfor the resident's personal needs;
(4) Keep a written account, available to a resident and his designee orguardian, maintained on a current basis for each resident, with writtenreceipts, for all personal possessions and funds received by or deposited withthe facility and for all disbursements made to or on behalf of the resident;
(5) Provide each resident or his designee or guardian with a quarterlyaccounting of all financial transactions made on behalf of the resident;
(6) Within five days of the discharge of a resident, provide theresident, or his designee or guardian, with an up-to-date accounting of theresident's personal funds and return to the resident the balance of his fundsand all his personal possessions;
(7) Upon the death of a resident who has been a recipient of aid,assistance, care, services, or who has had moneys expended on his behalf bythe department of social services, provide the department a complete accountof all the resident's personal funds within sixty days from the date of death. The total amount paid to the decedent or expended upon his behalf by thedepartment shall be a debt due the state and recovered from the availablefunds upon the department's claim on such funds. The department shall make aclaim on the funds within sixty days from the date of the accounting of thefunds by the facility. The nursing facility shall pay the claim made by thedepartment of social services from the resident's personal funds within sixtydays. Where the name and address are reasonably ascertainable, the departmentof social services shall give notice of the debt due the state to the personwhom the recipient had designated to receive the quarterly accounting of allfinancial transactions made under this section, or the resident's guardian orconservator or the person or persons listed in nursing home records as aresponsible party or the fiduciary of the resident's estate. If any funds areavailable after the department's claim, the remaining provisions of thissection shall apply to the balance, unless the funds belonged to a personother than the resident, in which case the funds shall be paid to that person;
(8) Upon the death of a resident who has not been a recipient of aid,assistance, care, services, or who has not had moneys expended on his behalfby the department of social services or the department has not made a claim onthe funds, provide the fiduciary of resident's estate, at the fiduciary'srequest, a complete account of all the resident's personal funds andpossessions and deliver to the fiduciary all possessions of the resident andthe balance of the resident's funds. If, after one year from the date ofdeath, no fiduciary makes claim upon such funds or possessions, the operatorshall notify the department that the funds remain unclaimed. Such unclaimedfunds or possessions shall be disposed of as follows:
(a) If the unclaimed funds or possessions have a value totaling onehundred and fifty dollars or less, the funds or the proceeds of the sale ofthe possessions may be deposited in a fund to be used for the benefit of allresidents of the facility by providing the residents social or educationalactivities. The facility shall keep an accounting of the acquisitions andexpenditure of these funds; or
(b) If the unclaimed funds or possessions have a value greater than onehundred and fifty dollars, the funds or possessions shall be immediatelypresumed to be abandoned property under sections 447.500 to 447.585, RSMo, andthe procedures provided for in those sections shall apply notwithstanding anyother provisions of those sections which require a period greater than twoyears for a presumption of abandonment;
(9) Upon ceasing to be the operator of a facility, all funds andproperty held in trust pursuant to this section shall be transferred to thenew operator in accordance with sound accounting principles, and a closeoutreport signed by both the outgoing operator and the successor operator shallbe prepared. The closeout report shall include a list of current balances ofall funds held for residents respectively and an inventory of all propertyheld for residents respectively. If the outgoing operator refuses to sign thecloseout report, he shall state in writing the specific reasons for hisfailure to so sign, and the successor operator shall complete the report andattach an affidavit stating that the information contained therein is true tothe best of his knowledge and belief. Such report shall be retained with allother records and accounts required to be maintained under this section;
(10) Not be required to invest any funds received from or on behalf ofa resident, nor to increase the principal of any such funds.
2. Any owner, operator, manager, employee, or affiliate of an owner oroperator who receives any personal property or anything else of value from aresident, shall, if the thing received has a value of ten dollars or more,make a written statement giving the date it was received, from whom it wasreceived, and its estimated value. Statements required to be made pursuant tothis subsection shall be retained by the operator and shall be made availablefor inspection by the department, or by the department of mental health whenthe resident has been placed by that department, and by the resident, and hisdesignee or legal guardian. Any person who fails to make a statement requiredby this subsection is guilty of a class C misdemeanor.
3. No owner, operator, manager, employee, or affiliate of an owner oroperator shall in one calendar year receive any personal property or anythingelse of value from the residents of any facility which have a total estimatedvalue in excess of one hundred dollars.
4. Subsections 2 and 3 of this section shall not apply if the propertyor other thing of value is held in trust in accordance with subsection 1 ofthis section, is received in payment for services rendered or pursuant to theterms of a lawful contract, or is received from a resident who is related tothe recipient within the fourth degree of consanguinity or affinity.
5. Any operator who fails to maintain records or who fails to maintainany resident's personal funds in an account separate from the facility's fundsas required by this section shall be guilty of a class C misdemeanor.
6. Any operator, or any affiliate or employee of an operator, who putsto his own use or the use of the facility or otherwise diverts from theresident's use any personal funds of the resident shall be guilty of a class Amisdemeanor.
7. Any person having reasonable cause to believe that a misappropriationof a resident's funds or property has occurred may report such information tothe department.
8. For each report the division shall attempt to obtain the name andaddress of the facility, the name of the facility employee, the name of theresident, information regarding the nature of the misappropriation, the nameof the complainant, and any other information which might be helpful in aninvestigation.
9. Upon receipt of a report, the department shall initiate aninvestigation.
10. If the investigation indicates probable misappropriation of propertyor funds of a resident, the investigator shall refer the complaint togetherwith his report to the department director or his designee for appropriateaction.
11. Reports shall be confidential, as provided under section 660.320,RSMo.
12. Anyone, except any person participating in or benefiting from themisappropriation of funds, who makes a report pursuant to this section or whotestifies in any administrative or judicial proceeding arising from the reportshall be immune from any civil or criminal liability for making such a reportor for testifying except for liability for perjury, unless such person actednegligently, recklessly, in bad faith, or with malicious purpose.
13. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified inwriting of its receipt and of the initiation of the investigation.
14. No person who directs or exercises any authority in a facility shallevict, harass, dismiss or retaliate against a resident or employee because heor any member of his family has made a report of any violation or suspectedviolation of laws, ordinances or regulations applying to the facility which hehas reasonable cause to believe has been committed or has occurred.
15. The department shall maintain the employee disqualification list andplace on the employee disqualification list the names of any persons who havebeen finally determined by the department, pursuant to section 660.315, RSMo,to have misappropriated any property or funds of a resident while employed inany facility.
(2003) Violation of written report provision of subsection 2 of section does not automatically constitute misappropriation of resident's funds under subsection 15 of section. Wells v. Dunn, 104 S.W.3d 792 (Mo.App.W.D.).
