Full Text of HB5307 98th General Assembly
HB5307ham001 98TH GENERAL ASSEMBLY | Rep. Greg Harris Filed: 3/18/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5307
| 2 | | AMENDMENT NO. ______. Amend House Bill 5307 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community-Integrated Living Arrangements | 5 | | Licensure and
Certification Act is amended by adding Section | 6 | | 9.1 as follows: | 7 | | (210 ILCS 135/9.1 new) | 8 | | Sec. 9.1. Recipient's funds; protection. | 9 | | (a) To protect a recipient's funds, a service provider: | 10 | | (1) May accept funds from a recipient for safekeeping | 11 | | and management if the service provider receives written | 12 | | authorization from the recipient or the recipient's | 13 | | guardian. | 14 | | (2) Shall maintain a written record of all financial | 15 | | arrangements and transactions involving each individual | 16 | | recipient's funds and shall allow each recipient, or the |
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| 1 | | recipient's guardian, access to that written record. | 2 | | (3) Shall provide, in order of priority, each | 3 | | recipient, or the recipient's guardian, if any, or the | 4 | | recipient's immediate family member, if any, with a written | 5 | | itemized statement of all financial transactions involving | 6 | | the recipient's funds or a copy of the recipient's checking | 7 | | or savings account register for the period. This | 8 | | information shall be provided at least quarterly. | 9 | | (4) Shall purchase and maintain a surety bond or other | 10 | | commercial policy with crime coverage in an amount equal to | 11 | | or greater than all of the recipients' personal funds | 12 | | deposited with the service provider to which employees of | 13 | | the service provider have access to secure against loss, | 14 | | theft, and insolvency. The insurance company that provides | 15 | | the surety bond or commercial policy with crime coverage | 16 | | shall inform the Division of Developmental Disabilities of | 17 | | the Department of Human Services of any reduction or | 18 | | cancellation of the surety bond or commercial policy with | 19 | | crime coverage. | 20 | | (5) Shall keep any funds received from a recipient in | 21 | | an account separate from the service provider's funds for | 22 | | safekeeping, and shall not withdraw all or any part of the | 23 | | recipient's funds unless the service provider is (i) | 24 | | returning the funds to the recipient upon the request of | 25 | | the recipient or any other person entitled to make the | 26 | | request, (ii) paying the recipient his or her allowance, or |
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| 1 | | (iii) making any other payment authorized by the recipient | 2 | | or any other person entitled to make that authorization. | 3 | | (6) Shall deposit any funds received from a recipient | 4 | | in excess of $100 in an interest-bearing account insured by | 5 | | agencies of, or corporations chartered by, the State or the | 6 | | federal government. The account shall be in a form that | 7 | | clearly indicates that the service provider has
only a | 8 | | fiduciary interest in the funds and that any interest | 9 | | earned on funds in the account shall accrue to the | 10 | | recipient. The service provider may keep up to $100 of a | 11 | | recipient's funds in a non-interest-bearing account or | 12 | | petty cash fund, to be readily available for the | 13 | | recipient's current expenditures. | 14 | | (7) Shall, upon written request of a recipient or the | 15 | | recipient's guardian, return to the recipient or the | 16 | | recipient's guardian of the estate all or any part of the | 17 | | recipient's funds given to the service provider for | 18 | | safekeeping, including the accrued interest earned on the | 19 | | deposits of the recipient's funds. | 20 | | (8) Shall (i) place any monthly allowance that a | 21 | | recipient is entitled to in the recipient's personal | 22 | | account or give the monthly allowance directly to the | 23 | | recipient, unless the service provider has written | 24 | | authorization from the recipient, the recipient's | 25 | | guardian, or the recipient's parent if the recipient is a | 26 | | minor, to handle the monthly allowance differently, (ii) |
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| 1 | | take all steps necessary to ensure that a monthly allowance | 2 | | that is placed in a recipient's personal account is used | 3 | | exclusively by the recipient or for the recipient's | 4 | | benefit, and (iii) require any person other than the | 5 | | recipient who withdraws funds from the recipient's | 6 | | personal account that constitute any portion of the | 7 | | recipient's monthly allowance to execute an affidavit that | 8 | | the funds will be used exclusively for the benefit of the | 9 | | recipient. | 10 | | (9) If an adult recipient is incapable of managing his | 11 | | or her funds and does not have a guardian or immediate | 12 | | family member, the service provider shall notify the Office | 13 | | of the State Guardian of the Guardianship and Advocacy | 14 | | Commission. | 15 | | (b) Upon the death of a recipient, unless otherwise | 16 | | provided by State law, the service provider shall provide the | 17 | | executor or administrator of the recipient's estate with a | 18 | | complete accounting of all the recipient's personal property, | 19 | | including any funds of the recipient being held by the service | 20 | | provider. | 21 | | (c) If a recipient changes service providers, the former | 22 | | service provider shall provide the new service provider with a | 23 | | written verification by a public accountant of all the | 24 | | recipient's money and property being transferred and shall | 25 | | obtain a signed receipt for the money and property from the new | 26 | | service provider upon transfer of the recipient's money and |
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| 1 | | property. | 2 | | (d) If a service provider is sold, the service provider | 3 | | shall provide the new owner with a written verification by a | 4 | | public accountant of all the recipients' money and property | 5 | | being transferred and shall obtain a signed receipt for the | 6 | | money and property from the new owner upon transfer of the | 7 | | recipients' money and property.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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