630.305. Funds of patient, control, expenditure, return, safekeeping.
Funds of patient, control, expenditure, return, safekeeping.
630.305. 1. For purposes of this section, the term "money"includes any legal tender, note, draft, certificate of deposit,stock, bond, check or credit card.
2. A department residential facility may require that allmoney which is on the person of a patient or resident, whichcomes to a patient or resident, or which the facility receives inplace of the patient or resident under a benefit arrangement orotherwise be turned over to the facility for safekeeping. Themoney shall be accounted for in the name of the patient orresident and recorded periodically in the records of the patientor resident. Upon request, money accounted for in the name ofthe patient or resident shall be turned over to a conservator ofthe patient or resident, if the conservator has such authority,or to the parent of the patient or resident if the patient orresident is a minor; except the facility shall hold money itreceived as representative payee under terms of public or privatebenefit arrangements as authorized by section 630.315.
3. A patient or resident of a department facility shall haveeasy access to the money in his account and may keep and beallowed to spend a reasonable sum for canteen expenses and smallpurchases. He may spend or otherwise use the money as hechooses, except as provided in subsection 4 of this section.With the approval of the department, the facility shall establishwritten policies and procedures giving patients and residentseasy access to the money in their accounts and allowing the moneyto be spent or otherwise used as the patients or residentschoose.
4. A department facility may deny a patient or resident theaccess to and ability to spend or otherwise use the money in hisaccount if it determines that the denial is essential in order toprevent the patient or resident from significantly dissipatinghis assets or that reasonable restrictions are necessary toprotect the patient, resident or others. The department shallestablish policies and procedures governing such determinations,including the evidence necessary to support a denial of thepatient's or resident's rights. If a denial is made, the patientor resident may continue to spend or otherwise use the money inways which would not constitute significant dissipation of theassets and which would sufficiently protect himself or others.
5. The department facility shall deposit money accounted forin the name of a patient or resident with a financialinstitution. Any earnings attributable to money in the accountof a patient or resident shall be credited to that account.Under sections 110.070 to 110.110, RSMo, the department shallreceive bids from banking corporations, associations or trustcompanies which desire to be selected as depositaries of thedepartment for patients' and residents' moneys.
6. The department shall deliver to the patient or resident,his conservator, if he is legally disabled, or his parent, if heis a minor, all money, including any earnings, in the patient'sor resident's account upon release from the facility; except thatthe department may continue to serve as a depositary for themoney in the account of a patient or resident who is placedthrough the department's placement program.
7. The department shall establish policies and proceduresdesigned to insure that money in the accounts of patients andresidents is safeguarded against theft, loss or misappropriation.The department shall guarantee against theft, loss ormisappropriation the principal amounts in any patient's orresident's account.
(L. 1980 H.B. 1724, A.L. 1982 H.B. 1565, A.L. 1983 S.B. 44 & 45)