Illinois General Assembly - Full Text of Public Act 098-1073
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Public Act 098-1073


 

Public Act 1073 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1073
 
HB5307 EnrolledLRB098 19527 RPS 54703 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2014