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| Public Act 098-1073 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Community-Integrated Living Arrangements | ||||
Licensure and
Certification Act is amended by adding Section | ||||
9.1 as follows: | ||||
(210 ILCS 135/9.1 new) | ||||
Sec. 9.1. Recipient's funds; protection. | ||||
(a) To protect a recipient's funds, a service provider: | ||||
(1) May accept funds from a recipient for safekeeping | ||||
and management if the service provider receives written | ||||
authorization from the recipient or the recipient's | ||||
guardian. | ||||
(2) Shall maintain a written record of all financial | ||||
arrangements and transactions involving each individual | ||||
recipient's funds and shall allow each recipient, or the | ||||
recipient's guardian, access to that written record. | ||||
(3) Shall provide, in order of priority, each | ||||
recipient, or the recipient's guardian, if any, or the | ||||
recipient's immediate family member, if any, with a written | ||||
itemized statement of all financial transactions involving | ||||
the recipient's funds or a copy of the recipient's checking | ||||
or savings account register for the period. This | ||||
information shall be provided at least quarterly. | ||
(4) Shall purchase and maintain a surety bond or other | ||
commercial policy with crime coverage in an amount equal to | ||
or greater than all of the recipient's personal funds | ||
deposited with the service provider to which employees of | ||
the service provider have access to secure against loss, | ||
theft, and insolvency. The insurance company that provides | ||
the surety bond or commercial policy with crime coverage | ||
shall inform the Division of Developmental Disabilities of | ||
the Department of Human Services of any reduction or | ||
cancellation of the surety bond or commercial policy with | ||
crime coverage. | ||
(5) Shall keep any funds received from a recipient in | ||
an account separate from the service provider's funds for | ||
safekeeping, and shall not withdraw all or any part of the | ||
recipient's funds unless the service provider is (i) | ||
returning the funds to the recipient upon the request of | ||
the recipient or any other person entitled to make the | ||
request, (ii) paying the recipient his or her allowance, or | ||
(iii) making any other payment authorized by the recipient | ||
or any other person entitled to make that authorization. | ||
(6) Shall deposit any funds received from a recipient | ||
in excess of $100 in an interest-bearing account insured by | ||
agencies of, or corporations chartered by, the State or the | ||
federal government. The account shall be in a form that | ||
clearly indicates that the service provider has
only a | ||
fiduciary interest in the funds and that any interest | ||
earned on funds in the account shall accrue to the | ||
recipient. The service provider may keep up to $100 of a | ||
recipient's funds in a non-interest-bearing account or | ||
petty cash fund, to be readily available for the | ||
recipient's current expenditures. | ||
(7) Shall, upon written request of a recipient or the | ||
recipient's guardian, return to the recipient or the | ||
recipient's guardian of the estate all or any part of the | ||
recipient's funds given to the service provider for | ||
safekeeping, including the accrued interest earned on the | ||
deposits of the recipient's funds. | ||
(8) Shall (i) place any monthly allowance that a | ||
recipient is entitled to in the recipient's personal | ||
account or give the monthly allowance directly to the | ||
recipient, unless the service provider has written | ||
authorization from the recipient, the recipient's | ||
guardian, or the recipient's parent if the recipient is a | ||
minor, to handle the monthly allowance differently, (ii) | ||
take all steps necessary to ensure that a monthly allowance | ||
that is placed in a recipient's personal account is used | ||
exclusively by the recipient or for the recipient's | ||
benefit, and (iii) require any person other than the | ||
recipient who withdraws funds from the recipient's | ||
personal account that constitute any portion of the | ||
recipient's monthly allowance to execute an affidavit that | ||
the funds will be used exclusively for the benefit of the | ||
recipient. | ||
(9) If an adult recipient is incapable of managing his | ||
or her funds and does not have a guardian or immediate | ||
family member, the service provider shall notify the Office | ||
of the State Guardian of the Guardianship and Advocacy | ||
Commission. | ||
(b) Upon the death of a recipient, unless otherwise | ||
provided by State law, the service provider shall provide the | ||
executor or administrator of the recipient's estate with a | ||
complete accounting of all the recipient's personal property, | ||
including any funds of the recipient being held by the service | ||
provider. | ||
(c) If a recipient changes service providers, the former | ||
service provider shall provide the new service provider with a | ||
written verification by a public accountant of all the | ||
recipient's money and property being transferred and shall | ||
obtain a signed receipt for the money and property from the new | ||
service provider upon transfer of the recipient's money and | ||
property. | ||
(d) If a service provider is sold, the service provider | ||
shall provide the new owner with a written verification by a | ||
public accountant of all the recipient's money and property | ||
being transferred and shall obtain a signed receipt for the | ||
money and property from the new owner upon transfer of the | ||
recipient's money and property.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||