Public Act 098-1073
 
HB5307 EnrolledLRB098 19527 RPS 54703 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Community-Integrated Living Arrangements 
Licensure and
Certification Act is amended  by adding Section 
9.1 as follows:
 
    (210 ILCS 135/9.1 new)
    Sec. 9.1. Recipient's funds; protection.
    (a) To protect a recipient's funds, a service provider:
        (1) May accept funds from a recipient for safekeeping 
    and management if the service provider receives written 
    authorization from the recipient or the recipient's 
    guardian.
        (2) Shall maintain a written record of all financial 
    arrangements and transactions involving each individual 
    recipient's funds and shall allow each recipient, or the 
    recipient's guardian, access to that written record.
        (3) Shall provide, in order of priority, each 
    recipient, or the recipient's guardian, if any, or the 
    recipient's immediate family member, if any, with a written 
    itemized statement of all financial transactions involving 
    the recipient's funds or a copy of the recipient's checking 
    or savings account register for the period. This 
    information shall be provided at least quarterly.
        (4) Shall purchase and maintain a surety bond or other 
    commercial policy with crime coverage in an amount equal to 
    or greater than all of the recipient's personal funds 
    deposited with the service provider to which employees of 
    the service provider have access to secure against loss, 
    theft, and insolvency.  The insurance company that provides 
    the surety bond or commercial policy with crime coverage 
    shall inform the Division of Developmental Disabilities of 
    the Department of Human Services of any reduction or 
    cancellation of the surety bond or commercial policy with 
    crime coverage. 
        (5) Shall keep any funds received from a recipient in 
    an account separate from the service provider's funds for 
    safekeeping, and shall not withdraw all or any part of the 
    recipient's funds unless the service provider is (i) 
    returning the funds to the recipient upon the request of 
    the recipient or any other person entitled to make the 
    request, (ii) paying the recipient his or her allowance, or 
    (iii) making any other payment authorized by the recipient 
    or any other person entitled to make that authorization.
        (6) Shall deposit any funds received from a recipient 
    in excess of $100 in an interest-bearing account insured by 
    agencies of, or corporations chartered by, the State or  the 
    federal government. The account shall be in a form that 
    clearly indicates that the service provider has
only a 
    fiduciary interest in the funds and that any interest 
    earned on funds in the account shall accrue to the 
    recipient. The service provider may keep up to $100 of a 
    recipient's funds in a non-interest-bearing account or 
    petty cash fund, to be readily available for the 
    recipient's current expenditures.
        (7) Shall, upon written request of a recipient or the 
    recipient's guardian, return to the recipient or the 
    recipient's guardian of the estate all or any part of the 
    recipient's funds given to the service provider for 
    safekeeping, including the accrued interest earned on the 
    deposits of the recipient's funds.
        (8) Shall (i) place any monthly allowance that a 
    recipient is entitled to in the recipient's personal 
    account or give the monthly allowance directly to the 
    recipient, unless the service provider has written 
    authorization from the recipient, the recipient's 
    guardian, or the recipient's parent if the recipient is a 
    minor, to handle the monthly allowance differently, (ii) 
    take all steps necessary to ensure that a monthly allowance 
    that is placed in a recipient's personal account is used 
    exclusively by the recipient or for the recipient's 
    benefit, and (iii) require any person other than the 
    recipient who withdraws funds from the recipient's 
    personal account that constitute any portion of the 
    recipient's monthly allowance to execute an affidavit that 
    the funds will be used exclusively for the benefit of the 
    recipient.
        (9) If an adult recipient is incapable of managing his 
    or her funds and does not have a guardian or immediate 
    family member, the service provider shall notify the Office 
    of the State Guardian of the Guardianship and Advocacy 
    Commission.
    (b) Upon the death of a recipient, unless otherwise 
provided by State law, the service provider shall provide the 
executor or administrator of the recipient's estate with a 
complete accounting of all the recipient's personal property, 
including any funds of the recipient being held by the service 
provider.
    (c) If a recipient changes service providers, the former 
service provider shall provide the new service provider with a 
written verification by a public accountant of all the 
recipient's money and property being transferred and shall 
obtain a signed receipt for the money and property from the new 
service provider upon transfer of the recipient's money and 
property.
    (d) If a service provider is sold, the service provider 
shall provide the new owner with a written verification by a 
public accountant of all the recipient's money and property 
being transferred and shall obtain a signed receipt for the 
money and property from the new owner upon transfer of the 
recipient's money and property.
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/26/2014