This regulation establishes resident rights protections and standards for handling resident funds and property in all types of licensed long-term care facilities in Missouri. Facility operators must inform residents of their rights, services, charges, and advance directive policies at admission and annually thereafter, and must protect residents from abuse, neglect, and unauthorized restraint. Operators must maintain separate accounts for resident personal funds, provide regular financial statements, and follow specific procedures for returning funds upon discharge or death, including coordination with the Department of Social Services for MO HealthNet participants.
View official sourceCODE OF STATE REGULATIONS 1ROBIN CARNAHAN (9/30/12) Secretary of State Rules of Department of Health and Senior Services Division 30—Division of Regulation and Licensure Chapter 88—Resident’s Rights and Handling Resident Funds and Property in Long-Term Care Facilities Title Page 19 CSR 30-88.010 Resident Rights..................................................................................3 19 CSR 30-88.020 Residents’ Funds and Property...............................................................6 Title 19—DEP ARTMENT OF HEALTH AND SENIOR SERVICES Division 30—Division of Regulation and Licensure Chapter 88—Resident’s Rights and Handling Resident Funds and Property in Long-Term Care Facilities 19 CSR 30-88.010 Resident Rights PURPOSE: This rule establishes require- ments for protection of resident rights in all types of licensed long-term care facilities. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorpo- rated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference mate- rial. The entire text of the rule is printed here. AGENCY NOTE: All rules relating to long- term care facilities licensed by the depart- ment are followed by a Roman Numeral nota- tion which refers to the class (either Class I, II or III) of standard as designated in section 198.085.1, RSMo. (1) The facility shall retain and make avail- able for public inspection at the facility to facility personnel, residents, their next of kin, legal representatives or designees and the general public, a list of names, addresses and occupations of all individuals who have a property interest in the facility as well as a complete copy of each official notification from the Department of Health and Senior Services (the department) of violations, defi- ciencies, licensure approval, disapprovals, or a combination of these, and responses. This includes, as a minimum, statements of defi- ciencies, copies of plan(s) of correction, acceptance or rejection notice regarding the plan(s) of corrections and revisit inspection report. II/III (2) Any notice of noncompliance shall be posted in a conspicuous location along with a copy of the most recent inspection reports, as required by section 198.026(6), RSMo. II/III (3) A copy of the most current department rules governing the facility shall be kept avail- able and easily accessible in the facility for review by residents, their next of kin, legally authorized representatives or designees, and the public. II/III (4) Each resident admitted to the facility, or his or her next of kin, legally authorized rep- resentative or designee, shall be fully informed of the individual’s rights and responsibilities as a resident. These rights shall be reviewed annually with each resi- dent, and/or his or her next of kin, legally authorized representative or designee, either in a group session or individually. II/III (5) All incoming and present residents, or their next of kin, legally authorized represen- tatives or designees in a facility shall be pro- vided statements of resident rights and a copy of any facility policies which relate to resi- dent conduct and responsibilities. Such infor- mation shall be provided in a manner which effectively communicates, in terms the resi- dent can reasonably be expected to under- stand, those rights and responsibilities. II/III (6) The facility shall document the disclosure of resident’s rights information as required in sections (4) and (5). III (7) Information regarding resident rights and facility rules shall be posted in a conspicuous location in the facility and copies shall be provided to anyone requesting this informa- tion. Informational documents which con- tain, but are not limited to, updated informa- tion on selecting an Alzheimer’s special care unit or program shall be given by a facility offering to provide or providing these ser- vices to any person seeking information about or placement in an Alzheimer’s special care unit or program. III (8) Prior to or at the time of admission and during his or her stay in the facility, each res- ident and/or his or her next of kin, legally authorized representative or designee shall be fully informed, in writing, of services avail- able in the facility and of related charges, including any charges for services not cov- ered by the facility’s basic per diem rate or federal or state programs. Information shall include procedures to be followed by the facility in cases of medical emergency, including transfer agreements and costs. All residents who receive treatment in an Alzheimer’s special care program or unit and their next of kin, legally authorized represen- tatives or designees shall be given a copy of the Alzheimer’s Special Care Services Dis- closure Form at the time of admission. Res- idents also shall be informed of services out- side the facility which may reasonably be made available to the resident and of any rea- sonable estimate of any foreseeable costs con- nected with those services. II/III (9) Prior to or upon admission, each prospec- tive resident or each resident, or his or her next of kin, legally authorized representative or designee shall be informed of the home and community based services available in this state by providing such resident a copy of Missouri’s Guide to Home and Community Based Services (Revised 4/4/05), incorporat- ed by reference, provided by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102-0570 and which is available to long-term care facil- ities at www.ged.oa.mo.gov/PICServices/ Pamphlet/index.shtml or by telephone at 1- 800-235-5503. This rule does not incorporate any subsequent amendments or additions. III (10) Prior to or upon admission and at least annually after that, each resident or his or her next of kin, legally authorized representatives or designees shall be informed of facility policies regarding provision of emergency and life-sustaining care, of an individual’s right to make treatment decisions for himself or herself and of state laws related to advance directives for health-care decision making. The annual discussion may be handled either on a group or on an individual basis. Resi- dents’ next of kin, legally authorized repre- sentatives or designees shall be informed, upon request, regarding state laws related to advance directives for health-care decision making as well as the facility’s policies regarding the provision of emergency or life- sustaining medical care or treatment. If a res- ident has a written advance health-care direc- tive, a copy shall be placed in the resident’s medical record and reviewed annually with the resident unless, in the interval, he or she has been determined incapacitated, in accor- dance with section 475.075 or 404.825, RSMo. Residents’ next of kin, legally autho- rized representatives or designees shall be contacted annually to assure their accessibili- ty and understanding of the facility policies regarding emergency and life-sustaining care. II/III (11) A physician shall fully inform each res- ident of his or her health and medical condi- tion unless medically contraindicated. If the physician determines the resident’s medical condition contraindicates the resident being fully informed of his or her diagnosis, treat- ment or any known prognosis, the medical record shall contain documentation and justi- fication of this signed by the physician. If there is a legally authorized representative to CODE OF STATE REGULATIONS 3ROBIN CARNAHAN (9/30/08) Secretary of State Chapter 88—Resident’s Rights and Handling Resident Funds and Property in Long-Term Care Facilities 19 CSR 30-88 make health-care decisions, or the resident has designated any individual to have access, that person shall be fully informed of the res- ident’s medical condition and shall have free access to the resident’s medical records for that purpose, subject to the limitations pro- vided by a power of attorney, duly-executed authorization or any federal law. I/II (12) If the facility has a policy which requires that residents’ medications be bubble packed or otherwise individual dose pac kaged, the facility shall, prior to each resident’s admis- sion, make such information available to the resident and/or his or her next of kin, legally authorized representatives, designees or placement authority. II/III (13) Each resident shall be afforded the opportunity to participate in the planning of his or her total care and medical treatment, to refuse treatment and to participate in experi- mental research only upon his or her informed written consent. If a resident refus- es treatment, this refusal shall be document- ed in the resident’s record and the resident, his or her legally authorized representatives or designees, or both, shall be informed of possible consequences of not receiving treat- ment. II (14) Each resident shall have the privilege of selecting his or her own physician who will be responsible for the resident’s total care. II (15) No resident shall be transferred or dis- charged except in the case of an emergency discharge unless the resident, and the next of kin, or a legally authorized representative or designee, and the resident’s attending physi- cian and the responsible agency, if any, are notified at least thirty (30) days in advance of the transfer or discharge, and casework ser- vices or other means are utilized to assure that adequate arrangements exist for meeting the resident’s needs. In the event that there is no next of kin, legally authorized representa- tive or designee known to the facility, the facility shall notify the appropriate regional coordinator of the Missouri State Ombuds- man’s office. II (16) A resident may be transferred or dis- charged only for medical reasons or for his or her welfare or that of other residents, or for nonpayment for his or her stay. II (17) No resident may be discharged without full and adequate notice of his or her right to a hearing before the department’s Adminis- trative Hearings Unit and an opportunity to be heard on the issue of whether his or her discharge is necessary. Such notice shall be given in writing no less than thirty (30) days in advance of the discharge except in the case of an emergency discharge and must comply with the requirements set forth in 19 CSR 30- 82.050. II/III (18) In emergency discharge situations the facility shall submit to the resident and his or her next of kin, legally authorized represen- tative or designee a written notice of dis- charge. The written notice of discharge shall be given as soon as practicable and advise the resident of the right to request an expedited hearing. In the event that there is no next of kin, legally authorized representative or designee known to the facility, the facility shall send a copy of the notice to the appro- priate regional coordinator of the Missouri State Ombudsman’s office. II/III (19) A room transfer of a resident within a facility, except in an emergency situation, requires consultation with the resident as far ahead of time as possible and shall not be permitted where this transfer would result in any avoidable detriment to the resident’s physical, mental or emotional condition. II/III (20) Each resident shall be encou raged and assisted, throughout his or her period of stay, to exercise his or her rights as a resident and as a citizen and to this end a resident may voice grievances and recommend changes in policies and services to facility personnel or to outside representatives of his or her choice. A staff person shall be designated to receive grievances and the residents shall be free to voice their complaints and recommen- dations to the staff designee, an ombudsman or to any person outside the facility. Resi- dents shall be informed of and provided a viable format for recommending changes in policy and services. The facility shall assist residents in exercising their rights to vote. II/III (21) The exercise of resident rights shall be free from restraint, interference, coercion, discrimination or reprisal. II/III (22) Each resident shall be free from abuse. Abuse is the infliction of physical, sexual, or emotional injury or harm and includes verbal abuse, corporal punishment, and involuntary seclusion. I (23) The facility shall develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of any resi- dent and misappropriation of resident proper- ty and funds, and develop and implement policies that require a report to be made to the department for any resident or to both the department and the Department of Mental Health for any vulnerable person whom the administrator or employee has reasonable cause to believe has been abused or neglect- ed. II/III (24) The facility shall ensure all staff are trained on the applicable laws and rules regarding reporting of suspected abuse and neglect of any resident. II (25) If the administrator or other employee of a long-term care facility has reasonable cause to believe that a resident of the facility has been abused or neglected, the administrator or employee shall immediately report or cause a report to be made to the department. Any administrator or other employee of a long-term care facility having reasonable cause to suspect that a vulnerable person has been subjected to abuse or neglect or observes such a person being subjected to conditions or circumstances that would rea- sonably result in abuse or neglect shall imme- diately report or cause a report to be made to the department and to the Department of Mental Health. I/II (26) The resident has the right to be free from any physical or chemical restraint except as follows: (A) When used to treat a specified medical symptom as a part of a total program of care to assist the resident to attain or maintain the highest practicable level of physical, mental, or psychosocial well-being. The use of restraints must be authorized in writing by a physician for a specified period of time; or (B) When necessary in an emergency to protect the resident from injury to himself or herself or to others, in which case restraints may be authorized by professional personnel so designated by the facility. The action taken shall be reported immediately to the resi- dent’s physician and an order obtained which shall include the reason for the restraint, when the restraint may be removed, the type of restraint, and any other actions required. When restraints are indicated, only devices that are the least restrictive for the resident and consistent with the resident’s total treat- ment program shall be used. I/II (27) In a residential care facility or an assist- ed living facility, if it is ever necessary to use a restraint in case of emergency, the resident shall be reevaluated immediately for appro- priateness of placement and transferred if necessary. II/III 4 CODE OF STATE REGULATIONS (9/30/08) R OBIN CARNAHAN Secretary of State 19 CSR 30-88—DEPARTMENT OF HEALTH AND SENIOR SERVICES Division 30—Division of Regulation and Licensure Chapter 88—Resident’s Rights and Handling Resident Funds and Property in Long-Term Care Facilities 19 CSR 30-88 (28) All information contained in a resident’s medical, personal or financial record and information concerning source of payment shall be held confidential. Facility personnel shall not discuss aspects of the resident’s record or care in front of persons not involved in the resident’s care or in front of other residents. Written consent of the resi- dent or his or her legally authorized repre- sentative shall be required for the release of information to persons not otherwise autho- rized by law to receive it. II/III (29) Each resident shall be treated with con- sideration, respect, and full recognition of his or her dignity and individuality, including privacy in treatment and care of his or her personal needs. All persons, other than the attending physician, the facility personnel necessary for any treatment or personal care, or the department or Department of Mental Health staff, as appropriate, shall be exclud- ed from observing the resident during any time of examination, treatment, or care unless consent has been given by the resident. II/III (30) No resident shall be required to perform services for the facility. If the resident desires and it is not contraindicated by his or her physician, the resident may perform tasks or services for himself or herself or others. II/III (31) Each resident shall be permitted to com- municate, associate, and meet privately with persons of his or her choice whether on the resident’s initiative or the other person’s ini- tiative, unless to do so would infringe upon the rights of other residents. The person(s) may visit, talk with, and make personal, social, or legal services available, inform res- idents of their rights and entitlements by means of distributing educational materials or discussions, assisting residents in asserting their legal rights regarding claims for public assistance, medical assistance and Social Security benefits, and engaging in any other methods of assisting, advising, and represent- ing residents so as to extend to them the full enjoyment of their rights. The facility, how- ever, may place reasonable limitations on solicitations. II/III (32) The facility shall permit a resident to meet alone with a person or persons of his or her choice and provide an area which assures privacy. II/III (33) Telephones appropriate to the residents’ needs shall be accessible at all times. Tele- phones available for residents’ use shall enable all residents to make and receive calls privately. II/III (34) If the resident cannot open mail, written consent by the resident or his or her legally authorized representative shall be obtained to have all mail opened and read to the resident. II/III (35) Each resident shall be permitted to par- ticipate, as well as not participate, in activi- ties of social, religious, or community groups at his/her discretion, both within the facility, as well as outside the facility, unless con- traindicated for reasons documented by physi- cian in the resident’s medical record. II/III (36) Each resident shall be permitted to retain and use personal clothing and possessions as space permits. Personal possessions may include furniture and decorations in accor- dance with the facility’s policies and shall not create a fire hazard. The facility shall main- tain a record of any personal items accompa- nying the resident upon admission to the facility, or which are brought to the resident during his or her stay in the facility, which are to be returned to the resident or responsi- ble party upon discharge, transfer, or death. II/III (37) Each married resident shall be assured privacy for visits by his or her spouse. II/III (38) If both husband and wife are residents, they shall be allowed the choice of sharing or not sharing a room. III (39) If siblings and/or a parent and his or her child are both residents, the facility shall allow the family members the choice of shar- ing or not sharing a room upon availability of room(s) appropriate to accommodate the res- idents. III (40) Each resident shall be allowed the option of purchasing or renting goods or services not included in the per diem or monthly rate from a supplier of his or her own choice, pro- vided the quality of goods or services meets the reasonable standards of the facility. Each resident shall be allowed the option of pur- chasing his or her medications from a phar- macy of his or her choice, provided the qual- ity of the medications and packaging meets reasonable standards of the facility. (41) Residents shall not have their personal lives regulated or controlled beyond reason- able adherence to meal schedules and other written policies which may be necessary for the orderly management of the facility and the personal safety of the residents. II (42) All written accounts of the resident’s funds shall be brought current monthly and a written statement showing the current balance and all transactions shall be given to the res- ident, or his or her next of kin, legally autho- rized representative, or designee on a quar- terly basis and upon request. The facility shall keep written receipts of all personal pos- sessions and all funds received by or deposit- ed with the facility and all disbursements made to or on behalf of the resident and shall disclose such receipts to the resident, and/or his or her next of kin, legally authorized rep- resentative, or designee upon request. II/III (43) The resident, or his or her next of kin, legally authorized representative, or designee shall receive an itemized bill for all goods and services actually rendered. No later than thirty (30) days after the discharge or death of a resident, the operator of the facility shall submit a final itemized bill for all goods and services rendered, showing any credit bal- ances accruing on the date of discharge or death of the resident, and a complete account of the resident’s remaining funds with the facility, in any account, with whatever title the account(s) may be known, to the resi- dent’s guardian, conservator, fiduciary of the resident’s estate, or the individual who was designated to receive the quarterly accounting of all financial transactions made. II/III AUTHORITY: sections 198.009 and 198.088, RSMo 2000, and sections 198.073, 198.076, 198.079, and 660.050, RSMo Supp. 2007.* This rule originally filed as 13 CSR 15- 18.010. Original rule filed July 13, 1983, effective Oct. 13, 1983. Amended: Filed Sept. 12, 1984, effective Dec. 13, 1984. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Amended: Feb. 13, 1998, effective Sept. 30, 1998. Moved to 19 CSR 30-88.010, effective Aug. 28, 2001. Amended: Filed March 1, 2004, effective Oct. 30, 2004. Amended: Filed Dec. 15, 2005, effective July 30, 2006. Amended: Filed Aug. 23, 2006, effective April 30, 2007. Amended: Filed March 13, 2008, effective Oct. 30, 2008. *Original authority: 198.009, RSMo 1979, amended 1993, 1995; 198.073, RSMo 1979, amended 1984, 1992, 1999, 2006, 2007; 198.076, RSMo 1979, amended 1984, 2007; 198.079, RSMo 1979, amended 2007; 198.088, RSMo 1979, amended 1988, 1989, 1994; and 660.050, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995, 2001. CODE OF STATE REGULATIONS 5ROBIN CARNAHAN (9/30/12) Secretary of State 6 CODE OF STATE REGULATIONS (9/30/12) R OBIN CARNAHAN Secretary of State 19 CSR 30-88—DEPARTMENT OF HEALTH AND SENIOR SERVICES Division 30—Division of Regulation and Licensure 19 CSR 30-88.020 Residents’ Funds and Property PURPOSE: This rule establishes standards for protecting residents’ personal funds and property in all types of licensed long-term care facilities. AGENCY NOTE: All rules relating to long- term care facilities licensed by the Depart- ment of Health and Senior Services are fol- lowed by a Roman Numeral notation which refers to the class (either Class I, II, or III) of standard as designated in section 198.085, RSMo. (1) No operator is required by this rule or by section 198.090, RSMo, to hold, manage, safeguard, or account for any personal funds or money in trust unless some other govern- mental agency placing residents in the facili- ty makes this a requirement. The record keeping and other requirements of this sec- tion apply only to those personal possessions and funds which the facility accepts to hold in trust for the resident as provided in the facil- ity’s policy. (2) The operator or other designated person shall use the personal funds of the resident exclusively for the use of the resident and only when authorized in writing by the resi- dent, his/her designee, guardian and conser- vator, or conservator. A designee shall not be the administrator or an employee of the facil- ity. With written authorization, the operator may purchase a burial policy for the resident. II/III (3) When a resident is admitted, the resident, his/her designee, guardian and conservator, or conservator shall be provided with a state- ment explaining the facility’s policies and resident’s rights regarding personal funds. If the facility handles residents’ funds, this statement shall include an explanation of the procedure for deposit or withdrawals of funds from any source to the resident or to the res- ident’s account. The facility shall allow the residents access to their personal possessions and funds during regular business hours, Monday through Friday, excluding banking holidays. III (4) The separate account(s) required to be maintained by section 198.090.1.(3), RSMo, shall be maintained in a bank or savings and loan association and if any interest is accrued it shall be credited to each resident’s account at least monthly. II/III (5) A petty cash fund of up to fifty dollars ($50) for each resident for whom the facility is holding funds may be kept in the facility and shall be maintained separately from the facility's funds. II/III (6) A written account for each resident, showing receipts to and disbursements from the personal funds of each resident, shall be maintained. If the facility policy provides, or if required by another governmental agency, multiple personal funds accounts may be kept for residents. III (7) Receipt of a resident’s funds or personal possessions held in trust shall be acknowl- edged by a written receipt or cancelled check. III (8) Receipts for any purchases made by the operator and paid for from the resident’s per- sonal funds shall be kept pursuant to sections (15) and (16) of this rule and be available to the resident, his/her designee, guardian and conservator, or conservator. III (9) All written accounts of the residents’ funds shall be reconciled monthly and a writ- ten statement showing the current balance and all transactions shall be given to the res- ident, his/her designee, guardian and conser- vator, or conservator on a quarterly basis. II/III (10) Within five (5) calendar days of the dis- charge of a resident, the resident, his/her designee, guardian and conservator, or con- servator shall be given an up-to-date account- ing of the resident’s personal funds and the balance of the funds and all personal posses- sions shall be returned to the resident. This requirement shall not apply for residents dis- charged due to death, or for residents dis- charged to hospitals when those residents are expected to return to the facility. The opera- tor shall have a receipt for all funds and pos- sessions returned to the resident, his/her designee, guardian and conservator, or con- servator. II/III (11) Upon the death of a resident, the opera- tor shall contact the Department of Social Services (DSS), MO HealthNet Division, Third Party Liability Unit, to determine if the deceased resident is a MO HealthNet partici- pant or has been a recipient of aid, assistance, care, services, or if the resident has had mon- eys expended on his/her behalf by DSS. The facility shall document the contact(s) with and response(s) from DSS. II/III (A) If the deceased resident is a MO HealthNet participant or has been a recipient of aid, assistance, care, services, or the resi- dent has had moneys expended on his/her behalf by DSS, the operator shall provide DSS within sixty (60) days of the resident’s death, a complete account of all the resident’s remaining personal funds and the name and address of the resident’s designee, guardian and conservator, or conservator, fiduciary of the resident’s estate, or the individual who was designated to receive the quarterly accounting of all financial transactions made. Personal funds for the purpose of this regula- tion shall include all the resident’s remaining funds with the facility, in any account, with whatever title the account(s) may be known. II/III (B) None of the resident’s personal funds shall be paid to an operator, fiduciary, guardian and conservator, conservator, or other person until the operator has fully com- plied with section 198.090.1., RSMo, except that funeral expenses may be paid from a res- ident’s personal funds held by a facility if no other funds are available to cover the cost. If funds are used for this purpose, this fact and the amount used shall be noted on the account report submitted to DSS and docu- mentation of payment shall be attached. II/III (C) DSS will determine the amount of aid, care, assistance, or services paid and will notify the operator of the amount determined to have been paid on behalf of the deceased recipient within sixty (60) days of receipt of the facility operator’s accounting. (D) The operator may make a special request for expedited response if there is a need to comply with a contractual or regula- tory obligation of another governmental agen- cy. The amount specified in the notification shall be considered as a claim upon the funds held by the operator. (E) The operator shall pay DSS any remaining personal funds in the resident’s personal fund account up to the amount determined by DSS. Payment shall be made as instructed by DSS within sixty (60) work- ing days of the receipt of the demand for pay- ment. If additional funds are received by the facility after the initial claim has been filed, the operator shall immediately inform DSS. II/III (F) DSS will notify in writing the resi- dent’s guardian and conservator, conservator, fiduciary of the resident’s estate, or the indi- vidual who was designated to receive the quarterly accounting of all financial transac- tions of the amount determined to have been paid by DSS on behalf of the deceased resi- dent. (12) Upon the death of a resident who has not been a recipient of aid, assistance, care, Chapter 88—Resident’s Rights and Handling Resident Funds and Property in Long-Term Care Facilities 19 CSR 30-88 CODE OF STATE REGULATIONS 7ROBIN CARNAHAN (9/30/12) Secretary of State services, or who has not had moneys expend- ed on the resident’s behalf by DSS or DSS has not made claim on the funds, the opera- tor shall provide the fiduciary of resident’s estate, at the fiduciary’s request, a complete account of all the resident’s personal funds and possessions and deliver to the fiduciary all possessions of the resident and the balance of the resident’s funds. II/III (A) If, after one (1) year from the date of death, no fiduciary makes claim on funds or possessions, the operator shall notify the Department of Health and Senior Services (department) in writing, Attention: Licensure and Certification Unit, PO Box 570, Jefferson City, MO 65102-0570 that the funds remain unclaimed. This notice shall be sent by the operator within sixty (60) days. The notice shall include the resident’s name, Social Security number, date of death, and the amount of resident funds or possessions being held belonging to the deceased resi- dent. II/III 1. If unclaimed funds in the resident’s fund accounts or possessions have a value of one hundred fifty dollars ($150) or less, the funds or proceeds of the sale of the posses- sions shall be deposited in a fund for the ben- efit of all residents of the facility for social and educational activities. II/III 2. If unclaimed funds in the resident’s fund accounts or possessions have a value of more than one hundred fifty dollars ($150), these funds or possessions shall be consid- ered abandoned property under sections 447.500–447.585, RSMo. The operator shall report and return the abandoned property to the Missouri State Treasurer in accordance with sections 447.539–447.543, RSMo. II/III (B) The operator shall keep an accounting of these funds with documentation and receipts and disbursements of these funds which will be subject to inspection and audit by the department. II/III (13) Any owner, operator, manager, employ- ee, or affiliate of an owner or operator receiving personal property or anything with a value of ten dollars ($10) or more from a resident shall make a written statement giving the date of receipt, estimated value, and the name of the person making the gift. These statements shall be retained by the operator and made available to the department or Department of Mental Health as appropriate and to the resident, his/her designee, guardian and conservator, or conservator. No owner, operator, manager, employee, or affil- iate of an owner or operator shall in one (1) calendar year receive any personal property or anything of value from the residents of any facility which have a total value over one hun- dred dollars ($100). These requirements shall not apply to matters deemed exceptions under state law. II (14) The bond required by section 198.096, RSMo, for operators holding personal funds of residents shall be in a form approved by the department and shall provide that resi- dents who allege that they have been wrong- fully deprived of moneys held in trust may bring an action for recovery directly against the surety. The bond shall be in an amount equal to at least one and one-half (1 1/2) times the average monthly balance of the res- idents’ personal funds, including residents’ petty cash, or the average total of the month- ly balances for the preceding twelve (12) months. The ave rage monthly balance(s) or the average total of the monthly balance(s) shall be rounded to the nearest one thousand dollars ($1,000). One (1) bond may be used to cover the residents’ funds in more than one (1) facility operated by the same operator, if the facility is a multilicensed facility on the same premises. If not on the same premises, then one (1) bond may be used if the bond specifies the amount of coverage provided for each individual facility and the cove rage for each facility is a minimum of one thousand dollars ($1,000). II/III (15) All records and receipts required to be maintained under this rule and under section 198.090, RSMo shall be maintained for at least seven (7) years from the end of the fis- cal year during which the records were orig- inally made. II/III (16) Records related to resident funds shall be maintained in the facility or shall be available for review and copying, in their entirety, within twenty-four (24) hours of a request for access by the department or its authorized representative. Records kept for the prior seven (7) years, as required in section (15) and under section 198.090, RSMo, shall be transferred to a new operator who assumes responsibility for a facility, and if not trans- ferred in their entirety, the department shall be notified immediately by the new operator. II/III (17) If an operator chooses to place a cash deposit in a lending institution in lieu of a bond as referenced in section 198.096.5., RSMo, the amount must be equal to the amount of the bond required and shall be deposited with an insured lending institution pursuant to a noncancellable escrow agree- ment. The written agreement shall be sub- mitted to the department and shall be approved prior to license issuance. II AUTHORITY: sections 198.009 and 198.090, RSMo 2000.* This rule originally filed as 13 CSR 15-18.020. Original rule filed July 13, 1983, effective Oct. 13, 1983. Amended: Filed Sept. 12, 1984, effective Dec. 13, 1984. Amended: Filed Aug. 1, 1988, effective Nov. 1 1, 1988. Amended: Filed Jan. 3, 1992, effective Aug. 6, 1992. Amended: Filed July 22, 1994, effective Feb. 26, 1995. Moved to 19 CSR 30-88.020, effective Aug. 28, 2001. Amended: Filed March 15, 2012, effective Oct. 30, 2012. *Original authority: 198.090, RSMo 1979, amended 1982, 1989, 1992, 1993.