Notice of covered services. At the time of admission, the
nursing facility shall provide the resident and the resident's representative
with a written notice that contains the information specified in subsections
(a) through (g). Such notice shall also be given at least once every year after
admission, and within sixty (60) days after there is any change in the services
available to residents, the charges for such services or the services included
in the Medicaid reimbursement rate. The notice shall contain:
(a) An itemized statement of the services
provided by the nursing facility as part of the nursing facility's Medicaid
reimbursement rate;
(b) An itemized
statement of the services provided by the nursing facility that are not covered
by the nursing facility's Medicaid reimbursement rate or Medicare and that may
be charged to the resident, including the charge for each such
service;
(c) A statement that the
client is not required to deposit personal funds in a resident trust account.
(i) Personal funds account. For purposes of
this Chapter, personal funds are all funds which belong to a resident, from
whatever source, including the resident's personal care allowance.
(ii) Resident trust account. For purposes of
this Chapter, the resident trust account is an account maintained by a facility
in which a facility resident's personal funds are deposited and held in trust
by the facility for the use and benefit of the resident.
(d) A description of the resident's right to
select one (1) of the following alternatives for the management of personal
funds:
(i) The resident may receive, retain
and manage personal funds directly or through a legal guardian;
(ii) The resident may apply to the Social
Security Administration for the designation of a representative payee to
receive and manage personal funds; or
(iii) The resident may designate, in writing,
another person to receive and manage personal funds.
(e) A statement that any charge for the
nursing facility managing the resident's trust account is included in the
Medicaid reimbursement rate;
(f) A
statement that the resident is entitled to one (1) accounting per calendar
month of the resident's trust account upon the written request of the resident,
the resident's legal guardian, the resident's representative payee or such
other person as has been designated to manage the resident's trust
account;
(g) A statement that if
the resident is or becomes incapable of managing personal funds and has not
designated another person to do so, the nursing facility shall arrange for the
management of the resident's personal funds pursuant to the provisions of this
Chapter; and
(h) Notice of
potential ineligibility for Medicaid or SSI. In addition to the notice
described above, the nursing facility shall notify a client when the balance of
the resident's trust account is within two hundred dollars ($200.00) of the
amount determined under
42 U.S.C
1382(a)(3)(B). The notice
shall be in writing and shall inform the client that if the amount in the
account plus the client's other nonexempt resources reaches the amount
determined under
42 U.S.C.
1382(a)(3)(B), the client
may lose eligibility for Medicaid, SSI or both.
