Rep. Greg Harris
Filed: 3/18/2014
 
 

 

 

 
09800HB5307ham001LRB098 19527 RPS 57005 a



1
AMENDMENT TO HOUSE BILL 5307 




2    AMENDMENT NO. ______. Amend House Bill 5307 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Community-Integrated Living Arrangements 
5Licensure and
Certification Act is amended  by adding Section 
69.1 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 
16provided by State law, the service provider shall provide the 
17executor or administrator of the recipient's estate with a 
18complete accounting of all the recipient's personal property, 
19including any funds of the recipient being held by the service 
20provider.
21    (c) If a recipient changes service providers, the former 
22service provider shall provide the new service provider with a 
23written verification by a public accountant of all the 
24recipient's money and property being transferred and shall 
25obtain a signed receipt for the money and property from the new 
26service provider upon transfer of the recipient's money and 
 
 
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1property.
2    (d) If a service provider is sold, the service provider 
3shall provide the new owner with a written verification by a 
4public accountant of all the recipients' money and property 
5being transferred and shall obtain a signed receipt for the 
6money and property from the new owner upon transfer of the 
7recipients' money and property.
  
 
8    Section 99. Effective date. This Act takes effect upon 
9becoming law.".