Section 481.65.19. Financial affairs.

Residents who have not been assigned a guardian or conservator by the court may manage their personal financial affairs, and to the extent, under written authorization by the residents that the facility assists in management, the management shall be carried out in accordance with Iowa Code section 135C.24. (II)

       65.19(1) Written account of resident funds. The facility shall maintain a written account of all residents’ funds received by or deposited with the facility. (II)

        a.           An employee shall be designated in writing to be responsible for resident accounts. (II)

        b.           The facility shall keep on deposit personal funds over which the resident has control when requested by the resident. (II)

        c.           If the resident requests these funds, they shall be given to the resident with a receipt maintained by the facility and a copy to the resident. If a conservator or guardian has been appointed for the resident, the conservator or guardian shall designate the method of disbursing the resident’s funds. (II)

        d.           If the facility makes a financial transaction on a resident’s behalf, the resident or the resident’s legal guardian or conservator must receive or acknowledge having seen an itemized accounting of disbursements and current balances at least quarterly. A copy of this statement shall be maintained in the resident’s financial or business record. (II)

       65.19(2) Contracts. There shall be a written contract between the facility and each resident which meets the following requirements:

        a.           States the base rate or scale per day or per month, the services included, and the method of payment; (III)

        b.           Contains a complete schedule of all offered services for which a fee may be charged in addition to the base rate; (III)

        c.           Stipulates that no further additional fees shall be charged for items not contained in complete schedule of services listed in this subrule; (III)

        d.           States the method of payment of additional charges; (III)

        e.           Contains an explanation of the method of assessment of additional charges and an explanation of the method of periodic reassessment, if any, resulting in changing such additional charges; (III)

        f.            States that additional fees may be charged to the resident for nonprescription drugs, other personal supplies, and services by a barber, beautician, etc.; (III)

        g.           Contains an itemized list of those services, with the specific fee the resident will be charged and method of payment, as related to the resident’s current condition, based on the program assessment at the time of admission, which is determined in consultation with the administrator; (III)

        h.           Includes the total fee to be charged initially to the specific resident; (III)

        i.            States the conditions whereby the facility may make adjustments to its overall fees for residential care as a result of changing costs. (III) Furthermore, the contract shall provide that the facility shall give:

       (1)             Written notification to the resident and responsible party, when appropriate, of changes in the overall rates of both base and additional charges at least 30 days prior to the effective date of changes; (III)

       (2)             Notification to the resident and payer, when appropriate, of changes in additional charges based on a change in the resident’s condition. Notification must occur prior to the date the revised additional charges begin. If notification is given orally, subsequent written notification must also be given within a reasonable time, not to exceed one week, listing specifically the adjustments made; (III) and

       (3)             The terms of agreement in regard to refund of all advance payments, in the event of transfer, death, or voluntary or involuntary discharge; (III)

        j.            States the terms of agreement concerning holding and charging for a bed in the event of temporary absence of the resident, which terms shall include, at a minimum, the following provisions:

       (1)             If a resident has a temporary absence from a facility for medical treatment, the facility shall hold the bed open and shall receive payment for the absent period in accordance with provisions of the contract between the resident or the legal guardian and the facility. (II)

       (2)             If a resident has a temporary absence from a facility in accordance with the IPP, the facility shall ask the resident and payer if they wish the bed held open. This shall be documented in the resident’s record including the response. The bed shall be held open and the facility shall receive payment for the absent periods in accordance with the provisions of the contract between the resident or the legal guardian and the facility. (II)

        k.           States the conditions under which the involuntary discharge or transfer of a resident would be affected; (III)

        l.            States the conditions of voluntary discharge or transfer; (III) and

        m.          Sets forth any other matters deemed appropriate by the parties to the contract. No contract or any provision shall be drawn or construed so as to relieve any health care facility of any requirement or obligation imposed upon it by this chapter or any standards or rules in force pursuant to this chapter. (III)

       65.19(3) Contract—copy to party. Each party shall receive a copy of the signed contract. (III)

       65.19(4) The contract shall state the terms of agreement concerning the holding and charging for a bed when a resident is hospitalized or leaves the facility temporarily for recreational or therapeutic reasons. The terms shall contain a provision that the bed will be held at the request of the resident or the resident’s legal representative.

        a.           The facility shall ask the resident or legal representative if they want the bed held. This request shall be made before the resident leaves or within 48 hours after the resident leaves. The inquiry and the response shall be documented. (II)

        b.           The facility shall reserve the bed when requested for as long as payments are made in accordance with the contract. (II)

This rule is intended to implement Iowa Code sections 135C.23(1) and 135C.24.