Section 110.5  Definitions

 

"Contraband items" shall be defined as items that are illegal for an individual to have in

Their possession or are legal but considered dangerous for patients to have on units, in

accordance with subsection (a)(1), and are disposable.  Such items shall be confiscated by staff of the Security Department and turned over to the proper authorities or destroyed.

 

"Restricted items" shall be defined as lawful items that may be returned to the patient or his/her designee upon discharge but are restricted in accordance with subsection (a)(1).  Such items shall be restricted from being in the possession of the patient while a patient is at the facility.

 

(Source:  Added at 31 Ill. Reg. 412, effective December 27, 2006)

 

Section 110.10  Disposition of unclaimed personal property

 

a)         Personal property of recipients left unclaimed at a Department facility for two years, after due notification to the persons or their representatives shall be sold and the money deposited in the Service Recipients Activity Fund (see Section 20 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/20]).

 

b)         The sale of such property shall be by auction to the highest responsible bidder or bidders, after suitable notice of such sale has been given.

 

c)         If the items have a total estimated value of $500 or more, they shall be properly advertised for sale at least seven days prior to the time of the sale, and at least once in a newspaper having a general circulation in the county where the property is to be sold.

 

d)         If no acceptable bids are received, the property may then be sold in a manner considered most advantageous to the facility.

 

e)         Information regarding the sale of unclaimed items of personal property shall be recorded in the recipient's record, whenever possible.

 

(Source:  Effective October 1, 1969)

 

Section 110.20  Handling of recipient's personal property other than clothing

 

a)         Definitions

            For purposes of this Section, the following terms are defined:

 

            "Code." The Mental Health and Developmental Disabilities Code [405 ILCS 5].

 

            "Informed consent." Permission voluntarily granted by the recipient or properly empowered guardian for the release of information, for participation in the program services specified in the treatment plan, for the use of a specific procedure in the plan, or for designating the facility director as representative payee. Informed consent means full disclosure to the recipient or properly empowered guardian of the information required for him or her to make the decision intelligently.

 

            "Properly empowered guardian." A court-appointed guardian of the person with specific authority to make decisions concerning the recipient's financial transactions or a court-appointed guardian of the estate.

 

b)         Introduction

 

1)         When a recipient is admitted to a Department facility such recipient or the recipient's properly empowered guardian may authorize the facility to establish a trust fund account in accordance with Section 20 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/20], using form DMHDD-623, Trust Fund Deposit Authorization.  Any monetary assets in the recipient's possession at the time of admission may be deposited in such an account.  The recipient shall be advised that:  

 

A)        He or she may retain money and deposit it in a financial institution or use it as he or she chooses, unless he or she is a minor or is prohibited from doing so under a court guardianship order, in accordance with Section 2-105 of the Code.

 

B)        He or she may revoke the authorization for the trust fund account, using form DMHDD-623c, Revocation of Authorization.

 

C)        Any funds deposited in the trust fund shall earn interest based on the end of the month balance and if funds are withdrawn prior to the end of the month, no interest will be paid for the period.

 

2)         Accounting records shall provide separate entries for those funds (checks) made payable to the recipient and those funds (such as checks from the Social Security Administration, Railroad Retirement or the Veterans' Administration) made payable to the facility director on behalf of the recipient. Only qualified clinical personnel at the facility can make statements or answer questions on applications for facility directors to be selected as payee of these benefits which relate to the recipient's ability to manage his or her own funds.

 

3)         Except when a recipient or the properly empowered guardian has given informed consent, no service provider nor any of its employees shall be made representative payee for the recipient's Social Security pension, annuity, trust fund, or any other form of direct payment or assistance, as provided by Section 2-105 of the Code. When a facility director is selected as representative payee, benefit checks are credited to the recipient's trust fund account.  An amount of $40.00 or the amount which is allowed by the funder shall be set aside for the recipient's personal needs prior to establishing services charges.

 

4)         The allowable reserve exemption, as provided for in Section 5-106 of the Code, is equal to the amount of assets a recipient owns at the time of admission and shall not be used for services charges.   The allowable reserve exemption from all sources cannot exceed that established by the Illinois Department of Public Aid at 89 Ill. Adm. Code 120.382.  The recipient's allowable reserve exemption can only be increased by the unused portions of the monthly personal clothing allowance (as defined in subsection (b)(3) of this Section) or unspent workshop or other monetary incentive funds such as living skills program funds.  Amounts exceeding those allocated for the recipient's personal use are applied to the services charges of the recipient.  Payments to be paid by the recipient for services charges may not be deferred to build a reserve up to the maximum amount allowed.  The reserve fund can be used by the recipient in support of discharge planning, or other needs as determined by the  recipient or properly empowered guardian,  or in the case of a recipient still hospitalized at the time of death, for burial.

 

5)         Recipients who are not legally disabled with trust funds shall be asked to sign form DMHDD-623, Trust Fund Deposit Authorization. Properly empowered guardians must sign for legally disabled recipients.

 

6)         The facility resource unit shall be notified immediately whenever any recipient or properly empowered guardian refuses to sign form DMHDD-623. If the recipient or properly empowered guardian does not sign form DMHDD-623, no funds from the recipient's trust fund made payable to the recipient may be used to defray services charges without a court order.  Recipients who are not legally disabled whose funds are payable to themselves shall be billed for services charges and collection shall proceed as provided by Section 5-113 of the Code and the Department's rules at 59 Ill. Adm. Code 106.

 

7)         When a recipient is admitted to the Department facility, all personal property shall be deposited in the business office for safekeeping if authorized by the recipient or properly empowered guardian.

 

8)         Bank vault keys shall not be released to any person other than the recipient or properly empowered guardian submitting a certified copy of his or her appointment. If a person other than a properly empowered guardian has obtained a court order for the release of bank vault keys and presents this order to the facility director, the facility resource unit shall be immediately notified so that an employee may be present at the opening of the vault. The business manager shall report any pass books which come into his or her possession to the facility resource unit immediately upon possession or as soon thereafter as possible and shall retain these books in the personal property files.

 

c)         Discharge

            For those recipients who have received Social Security benefits, the facility director or designee must notify the Social Security Administration within 10 working days after these recipients are discharged.

 

1)         Recipients who are not legally disabled (including veterans)

 

A)        Authorization must be secured in writing to expend monies or release property of recipients who are not legally disabled for any purpose, including services charges, except when the facility director has been named payee by the Social Security Administration or Railroad Retirement Board, or legal custodian by the Veterans' Administration. The facility director's authority to disburse funds from the trust fund without the recipient's or the recipient's properly empowered guardian's authorization shall be limited to those funds made payable to the facility director as a payee or agent of the recipient.

 

B)        When discharge plans have been made, the facility director shall designate an employee to discuss with the recipient or the recipient's properly empowered guardian the disposition of monies remaining in the trust fund account. The discussion should include the following information:

 

i)          The recipient applying for or approved for assistance from the Department of Public Aid is subject to the rules of that agency depending on the amount of assets owned at the time of the recipient's admission.

 

ii)         The recipient may take his or her funds with him or her to the place where the recipient will be living, or may arrange for an alternative disposition of all or part of his or her money such as savings accounts, checking accounts, or purchase of United States savings bonds. The facility director shall comply with the recipient's or the recipient's properly empowered guardian's wishes regarding the disposition of his or her funds other than those made payable to the facility director on the recipient's behalf.

 

iii)        If there are amounts due for services charges, the recipient or the recipient's properly empowered guardian can, at this time, authorize the release of funds for payment and, if payment from the trust fund is not authorized toward services charges due, that the recipient will be billed and will be subject to collection procedures in accordance with Section 5-113 of the Code.

 

iv)        Eligibility of the recipient for programs administered by the Department of Public Aid when applicable.

 

v)         The amount of money appropriate for a person placed in a long-term care facility as defined by the Nursing Home Care Act [210 ILCS 45] or placed in a community-integrated living arrangement as defined by Section 3(d) of the Community-Integrated Living Arrangements Licensure and Certification Act [210 ILCS 135] and discussion of how best to handle that sum and any excess (see subsection (c)(1)(B)(ii) of this Section).

 

2)         Legally disabled veterans and veterans' legally disabled beneficiaries (funds received from the Veterans' Administration)

            An amount not to exceed that allowed  by the Veteran's Administration (38 U.S.C. 521, 541 and 542 (1996)) may be released to the recipient, responsible relative, or properly empowered guardian pending receipt of instructions from the Veterans' Administration by the facility regarding the trust fund balance of funds received from the Veterans' Administration. A copy of instructions received from the Veterans' Administration shall be sent to the facility resource unit.

 

3)         Legally disabled recipients

 

A)        If there is a court-appointed properly empowered guardian, the properly empowered guardian shall be notified regarding the trust fund balance and unpaid services charges and instructions shall be secured from him or her. In such cases, any assets or personal effects released to the properly empowered guardian, the date of discharge and amount of money or list of effects released, and the date of release shall be immediately reported to the facility resource unit.

 

B)        If there is no properly empowered guardian, the funding source shall be notified of the imminent discharge of the recipient with a request that the funding source name an appropriate representative payee. If the recipient is not eligible for public assistance, an attempt shall be made to restore him or her to non-legally disabled status in the local court. If the facility believes that the recipient is non-restorable and that the recipient has more than $1000.00 in his or her trust fund, the facility director or his or her designee shall contact the Office of Legal Counsel for assistance in appointing a properly empowered guardian. The facility resource unit shall be notified when any legally disabled recipient is to be discharged.

 

C)        When the recipient is discharged, the facility director shall advise the facility resource unit regarding the remaining balance in the trust fund account, source of funds, and other pertinent details such as disbursement restrictions, discharge needs, and location of bank accounts.

 

d)         Death

 

1)         The facility director may authorize the arrangements for the burial of a recipient and the necessary expenses connected with such burial up to $1,500.00. This includes burial amounts received from the Veterans' Administration, the Social Security Administration, the value of cemetery lots, and prepaid burial expenses. Burial of recipients receiving or qualifying for medical assistance shall be governed by the regulations of the Department of Public Aid. Plans for burial shall be arranged by a staff member designated by the facility director. Payments to funeral directors shall be made only on receipt of itemized statements and only for the amount authorized.

 

2)         Facility staff shall determine if the recipient was insured, and shall report the amount of the policy, name of the beneficiary, name of the insurance company, and policy number or numbers to the facility resource unit.

 

3)         Upon receipt of a certified copy of Letters of Administration, Letters Testamentary or a properly executed Small Estates Affidavit, disbursement shall be made of the trust fund balances. Information regarding release of such funds shall be reported immediately to the facility resource unit.

 

4)         Lump-sum benefits

 

A)        Recipients of Social Security benefits who have wage records are entitled to lump-sum benefits for burial of three times the amount of the monthly benefit, except that the maximum lump-sum payment shall not exceed $255.00.

 

B)        Relatives shall be advised of any lump-sum entitlement and shall be informed that they should make their own arrangements for the recipient's burial, and that they should request payment of the lump-sum benefit directly from the Social Security Administration. If the trust fund accumulation is used for burial, the facility director shall make a claim to the Social Security Administration for the lump-sum benefit as trustee of the recipient's funds. The Social Security Administration will also reimburse the facility if the funeral expense is paid from a General Revenue Fund appropriation. The amount of the lump-sum death benefit shall be reported to the facility resource unit when received. When full charges for services have not been satisfied, billing shall be issued for any unpaid amount taking into account the balance in the trust fund. When balances are reported to the Social Security Administration the amount of unpaid services charges should also be reported.

 

5)         If the recipient's estate is not admitted to Probate, the facility resource unit shall issue billing against the trust fund account of the decedent for any balance remaining, up to the amount of unpaid balance, based on the maximum per capita services charges (59 Ill. Adm. Code 106.25).

 

e)         Discharge to community placement

            In determining charges for the services of a recipient to be placed in the community placement program, consideration shall be given to the recipient's immediate needs and his or her eligibility for public assistance. A report shall be made for all recipients placed in the community placement program on form DMHDD-403c, Financial Questionnaire, to the Contracts, Grants, and Procurement Section (aftercare service). If there is a trust fund balance, a copy of form DMHDD-403c, shall be sent to the facility resource unit. Recipients to be discharged and placed in nursing homes or sheltered-care homes may have the reserve fund from the trust fund used to pay for their care in the home if they are otherwise eligible for public assistance, except that the sum in the trust fund plus other liquid assets cannot exceed the amount set forth in Department of Public Aid rules at 89 Ill. Adm. 120.382.  Money from the trust fund may be so used only to the extent permitted by the Department of Public Aid to enable the recipient to receive public assistance on discharge from the facility.

 

f)         General

 

1)         All trust fund balances for discharged recipients shall be reported to the facility resource unit and shall show the net balance available for use in establishing charges for services. Facility claims for clothing shall be deducted before reporting this balance. Money credited on commissary cards shall be included in the balance.

 

2)         All trust fund balances for deceased recipients shall be reported to the facility resource unit and shall show in detail all burial and death benefits.

 

3)         Facilities shall not remit funds to pay services charges until receipt of an official billing statement. Funds may be remitted to pay services charges from recipient trust funds only if the recipient or the recipient's properly empowered guardian, has consented or the funds remitted represent funds made payable to the facility director.

 

(Source:  Amended at 15 Ill. Reg. 14435, effective October 1, 1991)

 

Section 110.30  Personal Property in State Mental Health Facilities

 

a)         Individuals may possess a reasonable amount of personal property for personal use under the following conditions:

 

1)         Possession and use of certain classes of property may be restricted by the facility director when necessary to protect the recipient or others from harm, provided that notice of such restriction shall be given to all recipients upon admission so long as the restriction does not otherwise conflict with the rights provided in this Section.

 

2)         Upon arrival at the facility, the individual's belongings will be inventoried and checked against the contraband and restricted items list.  Items that are contraband/restricted will not be given to the individual.  Staff shall notify the individual of the contraband and restricted items and ask whether the items should remain in personal storage or whether the item should be sent to a family member or friend.  Staff shall post a list of contraband and restricted items in a common area of the unit.

 

3)         Property must be approved by the individual's treatment team prior to use.  Any personal property that the treatment team determines, in the exercise of its professional judgment, may pose harm to the individual or to others shall be restricted.  Property shall not be restricted on political, philosophical or religious grounds.  Property intended as a medically reasonable accommodation of a known disability shall not be restricted except when determined by a physician and the treatment team, in exercise of the their professional judgment, that the accommodation may pose harm to the individual or others.  A restriction of rights shall be issued in accordance with the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-201] within 48 hours.  When the restriction of rights is issued, the treatment team member shall inform the individual of his/her ability to request a review under subsection (a)(5).  The individual will have the option of placing the personal property in storage or returning it to its place of origin.

 

A)        Personal property approved by staff for usage by an individual may not be shared with any other individual unless the second individual is approved for such usage in accordance with this Section.  Violation of this subsection (a)(3)(A) may result in a restriction of rights, including loss of use of the shared property, as determined by the treatment team exercising its professional judgment.

 

B)        Individuals may request prior approval, in accordance with subsection (a)(3), from designated staff for any property they intend to have sent to the facility or intend to receive during visits with the family or friends, but are not required to seek prior approval.  Property that has not been submitted for prior approval must nonetheless be approved, in accordance with subsection (a)(3) and comply with all other Sections of this Part before an individual may have access to it.

 

C)        Once approved by the treatment team, personal property must be inspected by designated facility staff prior to entering the treatment unit.  Items approved for possession by an individual may be indelibly marked or identified as belonging to that individual prior to entering the treatment unit.

 

D)        Media and media storage devices, including but not limited to print media, tapes, DVDs, CDs, video games and digital music players (MP3 players, Ipods, etc.) and related items, shall be considered personal property and are subject to this Section, except as noted in subsection (c).

 

E)        Computers, peripherals and related items are covered by 59 Ill. Adm. Code 109.

 

4)         Property maintained in each individual's room must fit within available storage space.  In addition to the storage available in each individual's room, each individual will be permitted a designated amount of storage for personal property and for clothing.  The facility may set limits on off-unit storage in accordance with the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-104].  Additional space may be made available for storage of medically approved reasonable accommodations of a known disability.

 

5)         If an individual does not agree with the decision of the treatment team concerning the restriction of an item, the individual may request a review of that decision by a clinician who is not part of the treatment team.  Decisions concerning contraband or items on the restricted list in subsection (a)(1) are not subject to review.

 

A)        All such requests shall be forwarded to the facility director, or designee, who shall assign a clinician, who is not part of the treatment team that made the decision, to review the decision of the treatment team.

 

B)        The individual who requested the review shall have the opportunity to speak with the clinician performing the review before a recommendation is issued.  The assigned clinician shall schedule to speak with the individual requesting the review within 10 days after being assigned.  If the individual does not wish to speak, that position shall be noted in the recommendation.

 

C)        Within two weeks after being assigned the request to review, the clinician shall issue a recommendation, with a copy going to the individual who requested the review and another going to the treatment team.  The treatment team shall evaluate the recommendation of the clinician and review its decision.

 

b)         Use and Possession of Individual Money in State Operated Facilities

 

1)         If an individual chooses to keep personal funds for use, those funds shall be kept in accordance with Section 110.20.  If an individual's personal funds are deposited in a facility-created trust fund account, Quarterly Reports of Individual Trust Fund transactions that are issued will be forwarded directly to the individual when issued.  Treatment team members may review Trust Fund transactions only upon good cause and the approval of the facility director.

 

2)         An individual may use his or her personal funds as he or she chooses, provided the use of any property purchased complies with subsection (a).

 

A)        A facility may monitor the outgoing purchases an individual makes only if that individual is subject to a do not call/no contact list, an order of protection, or a relevant restriction of rights issued pursuant to the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-201].

 

B)        An individual's access to his or her personal funds shall only be restricted if his or her treatment team makes a professional clinical judgment that unrestricted access creates a harm to the individual or others.  If access is restricted, a restriction of rights notice shall be completed in accordance with the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-201].

 

C)        An individual shall be required to fill out a withdrawal form before gaining use of his or her personal funds held within the trust fund.  The facility staff may, and should if requested, advise the individual if property the individual intends to purchase is not likely to be approved for use in accordance with subsection (a)(3), but prior approval shall not be required before an individual may obtain use of his or her personal funds.

 

D)        If an individual withdraws all, or substantially all, of the money in the trust fund at one time, the treatment staff shall be immediately notified.  The facility director may establish a minimal amount that may be withdrawn at one time that will not require notice to the treatment staff notwithstanding the notification requirement.

 

3)         Individuals may use funds at facility vending machines and/or commissaries where available.  Facilities may offer a debit card or other system for such purposes.

 

c)         Media Usage

 

1)         For the purpose of this Section, "media" means print media (e.g., newspapers, magazines, books, etc.), audio media (e.g., records, cassette tapes, compact discs, etc.), visual media (e.g., video tapes, video games and associated paraphernalia, DVDs, blank media (blank tape cassettes, blank video tapes, blank compact disks, etc.), and media storage devices (e.g., MP3 players, Ipods, etc.), digital audio files (e.g., MP3 files, iTunes, etc.), and related items.  Media is a type of property and subject to the provisions of this Section.

 

2)         DVD/CD/Video Game Usage

 

A)        Individual Use:  Personal property approved by staff for usage by an individual may not be shared with any other individual unless the second individual is approved for such usage in accordance with subsection (a)(3).

 

B)        Group Use:  Facility staff may allow DVD/CD usage for group display/usage.  In such cases, the unit director shall exercise his or her professional clinical judgment to determine appropriate DVD/CD usage, taking into account the risk of harm to all possible users.

 

C)        DVDs or video tapes shall not be categorically restricted on the basis of their Motion Picture Association Rating.  Individuals shall be able to possess DVDs with PG-13 and R-ratings without restriction unless an individualized professional clinical judgment is made in accordance with subsection (a)(3).

 

D)        CDs with a "Parental Advisory" warning label on them shall not be categorically restricted.  Individuals shall be able to possess CDs without restriction unless an individualized professional clinical judgment is made in accordance with subsection (a)(3).

 

E)        Video games shall not be categorically restricted on the basis of their Entertainment Software Ratings Board (ESRB) rating.  Individuals shall be able to possess video games without restriction unless an individualized professional clinical judgment is made in accordance with subsection (a)(3).

 

3)         Facility staff may only inspect the contents of an individual's media pursuant to subsection (a)(3).

 

A)        CDs/DVDs can be restricted under subsection (a)(1) only if there is a facility wide determination that CDs/DVDs are dangerous objects, irrespective of their content.

 

B)        The facility director may not impose an across the board restriction on the possession and use of media based on its content unless that content violates the law.

 

d)         Contraband

Notwithstanding any other Section of this Part, any property that is determined to be contraband shall not be allowed in any State operated facility.

 

1)         Contraband includes:  Alcoholic beverages, any drug not dispensed by the facility, firearms, explosives, and weapons.

 

2)         Contraband items shall be confiscated by staff of the security department and turned over to the proper authorities or destroyed.

 

3)         "Burned" CDs/DVDs and second-hand CDs/DVDs shall not be listed as contraband or restricted items, except as provided under subsection (a)(3) or (c)(3)(A).  Individuals shall be allowed to possess such items in accordance with subsection (a)(3).

 

4)         Sexually explicit material shall not be listed as a contraband item.  An individual's access to such materials may be restricted in accordance with subsection (a)(3).  Public display or sharing of sexually explicit materials may result in the confiscation and restriction of those items as provided in subsection (a)(3).

 

e)         Restrictions on an individual's right to possess personal property shall not be imposed as punishment, in response to an individual declining to take medication, or in response to a failure to undergo other treatment recommended by an individual's treatment team.  However, if an individual's clinical situation changes, the individual's treatment team may reconsider the possession of property in accordance with this Section.

 

f)         This Section applies to all adult individuals admitted to a Department mental health facility.

 

g)        The facility director shall conduct training on this Section at least once a year and a written record of such training will be made.

 

(Source:  Added at 31 Ill. Reg. 412, effective December 27, 2006)