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Public Act 098-1073
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| HB5307 Enrolled | LRB098 19527 RPS 54703 b |
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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:
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(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 |
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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 |
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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 |
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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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