Nev. Admin. Code § 449.267 - Money and property of residents
1. An employee of a
residential facility shall not handle a resident's money without first being
requested to do so in writing by the resident or his or her
representative.
2. An accurate
record must be kept of all money deposited with the facility for use by the
resident, including withdrawals. The record must include:
(a) A separate accounting of the money held
by the facility on behalf of the resident;
(b) Receipts for expenditures made by the
facility on behalf of the resident; and
(c) A written acknowledgment by the resident
for each withdrawal of his or her money.
3. Unless a resident otherwise requests in
writing, all money in excess of $400 held by the facility on behalf of the
resident must be maintained in a financial institution in an account separate
from the facility's operating accounts and must be clearly designated as
such.
4. Each resident must have
access to his or her money held at the facility on his or her behalf during
normal business hours on each business day.
5. If a member of the staff of a residential
facility receives from a resident a request to make a withdrawal of money in
such an amount that the member of the staff has reason to believe that the
resident is being or has been exploited, the member of the staff shall report
the transaction to:
(a) If the resident is 60
years of age or older:
(1) The local office
of the Aging and Disability Services Division of the Department of Health and
Human Services;
(2) The local law
enforcement agency;
(3) The office
for protective services for the county in which the facility is located if that
county has such an office; or
(4)
The toll-free telephone service designated by the Aging and Disability Services
Division pursuant to NRS 200.5093.
(b) If the resident is less than
60 years of age:
(1) The office for
protective services for the county in which the facility is located if that
county has such an office; or
(2)
The local law enforcement agency if the county in which the facility is located
does not have an office for protective services.
6. Except as otherwise provided in
subsection 7, an operator or employee of a residential facility shall not
accept appointment as a guardian or conservator of the estate of any resident,
become a substitute payee for any payments made to any resident or accept an
appointment as an attorney in fact for any resident.
7. If a resident whose only source of income
is in the form of monthly checks is legally determined to be unable to manage
his or her money and documentary evidence can be produced showing that efforts
to obtain a legal guardian have failed, the facility may be the substitute
payee on the checks. Records of all checks received, deposited or dispersed by
the facility must be maintained in the resident's file.
8. Money that is held by a residential
facility on behalf of a resident must be returned to the resident or his or her
representative within 30 days after the resident is discharged from the
facility.
9. An employee of a
residential facility shall not borrow money from a resident.
Notes
NRS 449.0302
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