28-39-149  Protection of resident funds
and possessions in nursing facilities. The nurs-
ing facility shall have written policies and proce-
dures which ensure the security of residents' pos-
sessions and residents' funds accepted by the
facility for safekeeping. (a) The facility shall afford
each resident the right to manage the resident's
own financial affairs and the facility shall not re-
quire any resident to deposit the resident's per-
sonal funds with the facility.

 (b)  Upon written authorization of a resident,
the resident's legal representative or power of at-
torney or an individual who has been appointed
conservator for the resident, the facility shall hold,
safeguard, manage, and account for the personal
funds of the resident deposited with the facility.

 (c)  The facility shall establish and maintain a
system that assures a full, complete, and separate
accounting, according to generally accepted ac-
counting principles, of each resident's personal
funds entrusted to the facility on the resident's
behalf.

 (1)  The facility shall designate in writing the
person responsible for the accounting system.

 (2)  A record shall be made each time there is
a disbursement or addition to the resident's per-
sonal fund.

 (3)  The facility shall provide a written report
which includes accounting for all transactions and
which states the current fund balance to the res-
ident or the resident's legal representative at least
quarterly.

 (4)  The facility shall deposit any resident's
funds in excess of $50 in one or more interest
bearing accounts which are separate from any of
the facility's operating accounts, and which credit
all interest when earned on the resident's account
to the personal account of the resident.

 (5)  All resident funds deposited by the facility
shall be deposited in a Kansas financial institution.

 (6)  Within 30 days after the death of a resident
with personal funds deposited with the facility, the
facility shall convey the resident's funds and a final
accounting of those funds to the individual or pro-
bate jurisdiction administering the resident's
estate.

 (7)  The facility shall purchase a surety bond to
assure the security of all residents' personal funds
deposited with the facility.

 (d)  The facility shall have written policies and
procedures which ensure the security of each res-
ident's personal possessions.

 (1)  A written inventory of the resident's per-
sonal possessions, signed by the resident or the
resident's legal representative shall be completed
at the time of admission and updated at least
annually.

 (2)  If a resident requests that the facility hold
personal possessions within the facility for safe-
keeping, the facility shall:

 (A)  Maintain a written record; and

 (B)  give a receipt to the resident or the resi-
dent's legal representative. (Authorized by and
implementing K.S.A. 39-932; effective Nov. 1,
1993; amended Feb. 21, 1997.)