212 R.I. Code R. 212-RICR-10-05-1.3

Current through December 3, 2024

Section 212-RICR-10-05-1.3 - Handling and Managing Participants' Money and Benefits

1.3.1 Fiduciary Duties for the Management of Participants' Funds

A. The Organization shall have and implement written policies and procedures for the handling and management of participants' money and benefits. Such policies and procedures shall contain provisions related to the following:

1. Allow the participant to manage and have access to his/her own funds and/or benefits unless the ISP annually documents and justifies limitations to self-management;

2. A participant's funds and benefits are to be safeguarded;

3. Participants receive and spend their money and benefits at their direction in consideration of their preferences;

4. Participants are to have access to their money and benefits considering choice and development of skills; and

5. Funds shall be managed in compliance with all federal and state statutes, rules, and regulations.

B. If assisting with management of funds, the DDO shall have and implement policies and procedures related to the oversight of the participant's financial resources that include:

1. Procedures that prohibit inappropriately expending a participant's personal funds, theft of a participant's personal funds, using a participant's funds for staff's own benefit, co-mingling participant's personal funds with the DDO or another participant's funds, or the DDO becoming a participant's legal representative; and

2. The DDO's reimbursement to the participant of any funds that are missing due to theft or mismanagement on the part of any staff of the DDO, or of any funds within the custody of the DDO that are missing. Such reimbursement must be made within ten (10) business days of the verification that funds are missing.

C. For those participants not yet capable of managing their own money or benefits, and for whom the agency is the representative payee as annually determined by the ISP and/or legal guardian, the DDO shall prepare and maintain an accurate written record for each participant of all money and benefits received or disbursed on behalf of or by the participant. The record shall include:

1. The date, amount and source of income and/or benefits received;

2. The date, amount and purpose of funds disbursed;

3. Signature of the staff making each entry in the participant's record; and

4. Annual Accounting Summary of Participant Funds.

1.3.2Earned Income Reporting

A. If the Organization is managing a participant's funds on his/her behalf, and the participant earns income from employment, the DDO shall be required to report this earned income to the Medicaid Authority (Executive Office of Health and Human Services) pursuant to federal and state Medicaid requirements on behalf of the participant.

B. If the Organization is not managing a participant's funds, the Organization shall regularly offer the participant financial support and guidance or as requested by the participant.

212 R.I. Code R. 212-RICR-10-05-1.3

Adopted effective 1/7/2019