68-11-906 - Deposit of residents' funds Surety bond.
68-11-906. Deposit of residents' funds Surety bond.
(a) Each nursing home shall deposit any funds in excess of one hundred dollars ($100) received from, or on behalf of, a resident in an interest-bearing account, insured by an agency of the federal government.
(b) The account shall be maintained in a manner clearly indicating that the facility has only a fiduciary interest in the funds.
(c) When individual interest-bearing accounts or collective accounts capable of individual attribution of interest payments are not readily available for such deposits, the nursing home may use a single account for deposits by, or on behalf of, more than one (1) resident, but shall maintain records documenting the amount of principal owned by each depositor.
(d) Any interest accruing on such accounts need not be paid to individual depositors, but shall be used for the benefit of the facility's residents to pay for activities or amenities not covered by the facility's charges.
(e) The nursing home may keep up to one hundred dollars ($100) of a resident's money in a non-interest bearing account or petty cash fund, readily available for the resident's current expenditures.
(f) The nursing home shall maintain a surety bond on all funds held in trust for facility residents and shall make an annual, audited accounting of such funds, available to the residents and for public inspection.
[Acts 1987, ch. 312, § 8.]