Section 110.20  Handling of Recipient's Personal Property Other Than Clothing

 

a)         Introduction

 

1)         When a recipient is admitted to a Department facility, such recipient or the recipient's guardian of the person or estate may authorize the facility to establish a trust fund account in accordance with Section 20 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/20], using form IL462-0623, Trust Fund Deposit Authorization.  Any monetary assets in the recipient's possession at the time of admission may be deposited in such an account.  The recipient shall be advised that:

 

A)        The recipient may retain money and deposit it in a financial institution or use it as the recipient chooses, unless the recipient is a minor or is prohibited from doing so under a court guardianship order, in accordance with Section 2-105 of the Code.

 

B)        The recipient may revoke the authorization for the trust fund account, using form IL462-0623C, Revocation of Authorization.

 

C)        Any funds deposited in the trust fund shall earn interest based on the end of the month balance.  If funds are withdrawn prior to the end of the month, no interest will be paid on withdrawn funds for the period.

 

2)         Accounting records shall provide separate entries for those funds (checks) designated to the recipient and those funds (such as checks from the Social Security Administration, Railroad Retirement, or the Veterans' Administration) designated to the facility for cost of care charges on behalf of the recipient. Only qualified clinical personnel at the facility can make statements or answer questions on applications for a Center Director to be selected as payee of these benefits which relate to the recipient's ability to manage their own funds.

 

3)         Except when a recipient or the guardian of the person or estate has given informed consent, no facility nor any of its employees shall be made representative payee for the recipient's Social Security pension, annuity, trust fund, or any other form of direct payment or assistance, as provided by Section 2-105 of the Code. When a facility is selected as representative payee, benefit checks are credited to the recipient's trust fund account.  The amount which is allowed by the payor shall be set aside for the recipient's personal needs prior to establishing services charges pursuant to 59 Ill. Adm. Code 106.25.

 

4)         The allowable reserve exemption, as defined in 59 Ill. Adm. Code 106.15 and clarified in 59 Ill. Adm. Code 106.45(g) and (h), shall not be used for services charges.  The allowable reserve exemption from all sources cannot exceed that established by the Illinois Department of Healthcare and Family Services at 89 Ill. Adm. Code 120.382.  The recipient's allowable reserve exemption can only be increased by the unused portions of the monthly personal clothing allowance or unspent workshop or other monetary incentive funds such as living skills program funds.  Amounts exceeding those allocated for the recipient's personal use are applied to the services charges of the recipient.  Payments to be paid by the recipient for services charges may not be deferred to build a reserve up to the maximum amount allowed.  The reserve fund can be used by the recipient in support of discharge planning, or other needs as determined by the recipient or guardian of the person or estate, or in the case of a recipient still hospitalized at a State operated mental health facility at the time of death, for burial.

 

5)         Recipients without guardians of the person or estate with trust funds shall be asked to sign form IL462-0623, Trust Fund Deposit Authorization. A guardian of the person or estate will be asked to sign form IL462-0623 for recipients.

 

6)         The facility resource unit shall be notified immediately whenever any recipient or guardian of the person or estate refuses to sign form IL462-0623. If the recipient or guardian of the person or estate does not sign form IL462-0623, no funds from the recipient's trust fund made payable to the recipient may be used to defray services charges without a court order.  Recipients without a guardian of the person or estate whose funds are payable to themselves shall be billed for services charges and collection shall proceed as provided by Section 5-113 of the Code and the Department's rules at 59 Ill. Adm. Code 106.

 

7)         When a recipient is admitted to the Department facility, all personal property shall be deposited in the business office or a facility designated area for safekeeping if authorized by the recipient or guardian of the person or estate.

 

8)         Vault access keys shall not be given to any person other than authorized Department staff.  Bank vault property may be accessed by the recipient or guardian of the person or estate through standard operating procedures of each facility. If a person other than the guardian of the person or estate has obtained a court order for the release of bank vault property and presents this order to the facility director or designee, the authorized Department staff shall be immediately notified so that the bank vault property may be accessed. The business office shall report any physical document issued by a bank to a recipient indicating potential outside funds to the facility resource unit immediately upon possession or as soon thereafter as possible.

 

b)         Discharge

For those recipients who have received Social Security benefits, the facility director or designee must notify the Social Security Administration within 10 working days after these recipients are discharged.

 

1)         Recipients without a guardian of the person or guardian of the estate (including veterans)

 

A)        Authorization must be secured in writing to expend monies or release property of recipients who do not have a guardian of the person or estate for any purpose, including services charges, except when the facility has been named payee by the Social Security Administration, Railroad Retirement Board, or named the legal custodian by the Veterans' Administration. The facility's authority to disburse funds from the trust fund without the recipient's or the recipient's guardian's authorization shall be limited to those funds made payable to the facility as a payee or agent of the recipient.

 

B)        When discharge plans have been made, the facility director shall designate an employee to discuss with the recipient or the recipient's guardian of the person or estate the disposition of monies remaining in the trust fund account. The discussion must include the following information:

 

i)          The recipient applying for or approved for assistance from the Department of Human Services or the Department of Healthcare and Family Services is subject to the rules of that agency depending on the amount of assets owned at the time of the recipient's admission.

 

ii)         The recipient may take their funds with them to the place where the recipient will be living or may arrange for an alternative disposition of all or part of their money such as checking or savings accounts. The facility shall comply with the recipient's or the recipient's properly empowered guardian's wishes regarding the disposition of the recipient's funds, excluding those funds designated for the recipient's care at the Department facility.

 

iii)        If there are amounts due for services charges, the recipient or the recipient's guardian of the person or estate can, at that time, authorize the release of funds for payment and, if payment from the trust fund is not authorized toward services charges due, the recipient will be billed and will be subject to collection procedures in accordance with Section 5-113 of the Code.

 

iv)        Eligibility of the recipient for programs administered by the Department of Human Services and the Department of Healthcare and Family Services when applicable.

 

v)         The amount of money appropriate for a person placed in a long-term care facility as defined by the Nursing Home Care Act [210 ILCS 45] or placed in a community-integrated living arrangement as defined by Section 3(d) of the Community-Integrated Living Arrangements Licensure and Certification Act [210 ILCS 135] and discussion of how best to handle that sum and any excess (see subsection (c)(1)(B)(ii) of this Section).

 

2)         Legally disabled veterans and veterans' legally disabled beneficiaries (funds received from the Veterans' Administration)

An amount not to exceed that allowed by the Veteran's Administration (38 U.S.C. 521, 541 and 542 (1996)) may be released to the recipient, responsible relative, or guardian of the person or estate pending receipt of instructions from the Veterans' Administration by the facility regarding the trust fund balance of funds received from the Veterans' Administration. A copy of instructions received from the Veterans' Administration shall be sent to the facility resource unit.

 

3)         Legally disabled recipients

 

A)        If there is a court-appointed guardian of the person or estate, the guardian shall be notified regarding the trust fund balance and unpaid services charges and instructions shall be secured from the guardian. In such cases, any assets or personal effects released to the guardian of the person or estate, the date of discharge and amount of money or list of effects released, and the date of release shall be immediately reported to the facility resource unit.

 

B)        If there is no guardian of the person or estate, the funding source shall be notified of the imminent discharge of the recipient with a request that the funding source name an appropriate representative payee. If the recipient is not eligible for public assistance, an attempt shall be made to restore the recipient to non-legally disabled status in the local court. If the facility believes that the recipient is non-restorable and in need of guardianship, the facility director or designee shall investigate guardianship alternatives. The facility resource unit shall be notified when any legally disabled recipient is to be discharged.

 

C)        When the recipient is discharged, the facility director or designee shall advise the facility resource unit regarding the remaining balance in the trust fund account, source of funds, and other pertinent details such as disbursement restrictions, discharge needs, and location of bank accounts.

 

c)         Death

 

1)         The facility director or designee may authorize the arrangements for the burial of a recipient and the necessary expenses connected with such burial at a cost that is reasonable and necessary.  The amount should take into consideration the average cost of a burial for the region as well as cultural or religious preferences and should subtract any federal or State benefits the recipient is entitled to and any pre-burial services the recipient has purchased, including, but not limited to, benefits from the Veterans' Administration, the Social Security Administration, and pre-paid burial plots and expenses.  Plans for burial shall be arranged by the facility director or designee in situations when the recipient has no rightful heirs.  Payments to funeral directors shall be made only on receipt of itemized statements and only for the amount authorized.

 

2)         Facility staff shall determine if the recipient had life insurance, and shall report the amount of the policy, name of the beneficiary, name of the insurance company, and policy number or numbers to the facility resource unit.

 

3)         Upon receipt of a certified copy of Letters of Administration, Letters Testamentary, or a properly executed Small Estates Affidavit, disbursement shall be made of the trust fund balances. Information regarding release of such funds shall be reported immediately to the facility resource unit.

 

4)         Lump-sum benefits

 

A)        Recipients of Social Security benefits who have wage records are entitled to lump-sum benefits for burial of three times the amount of the monthly benefit, except that the maximum lump-sum payment shall not exceed $255.00.

 

B)        Relatives shall be advised of any lump-sum entitlement and shall be informed that they should make their own arrangements for the recipient's burial, and that they should request payment of the lump-sum benefit directly from the Social Security Administration. If the trust fund accumulation is used for burial, the facility director or designee shall make a claim to the Social Security Administration for the lump-sum benefit as trustee of the recipient's funds. The Social Security Administration will also reimburse the facility if the funeral expense is paid from a General Revenue Fund appropriation. The amount of the lump-sum death benefit shall be reported to the facility resource unit when received. When full charges for services have not been satisfied, billing shall be issued for any unpaid amount taking into account the balance in the trust fund. When balances are reported to the Social Security Administration, the amount of unpaid services charges should also be reported.

 

5)         If the recipient's estate is not admitted to Probate, the facility resource unit shall issue billing against the trust fund account of the decedent for any balance remaining, up to the amount of unpaid balance, based on the maximum per capita services charges (59 Ill. Adm. Code 106.25).

 

d)         Discharge to community placement

 

1)         State-operated mental health facility responsibilities for discharge of a recipient to a community placement include the following:

 

A)        In determining charges for the services of a recipient to be placed in the community placement program, consideration shall be given to the recipient's immediate needs and eligibility for public assistance based upon information available to the facility at the time of discharge preparation.  Any financial information available shall, whenever possible, include real time data and the community agency shall obtain the most accurate financial accounting status on the online portal for the payor source (e.g., SSDI, HFS, etc.).  A report shall be made for all recipients in the community placement program.  A financial questionnaire for aftercare services will be provided to the community agency at the time of discharge from any Department facility.

 

B)        If there is a trust fund balance, this information shall be sent to the facility resource unit. Recipients to be discharged and placed in nursing homes or sheltered-care homes may have the reserve funds from the trust fund used to pay for their care in the home if they are otherwise eligible for public assistance, except that the funds in the trust fund plus other liquid assets cannot exceed the amount set forth in Department of Healthcare and Family Services rules at 89 Ill. Adm. Code 120.382.  Money from the trust fund may be so used only to the extent permitted by the Department of Human Services and the Department of Healthcare and Family Services to enable the recipient to receive public assistance on discharge from the facility.

 

2)         State-operated developmental disability facility responsibilities for discharge of a recipient to a community placement include the following:

 

A)        Each State-operated developmental disability facility shall have procedures in place which address accountability of a recipient's property.  Each recipient being discharged to a community placement should transition with all of their personal property. 

 

B)        If there is a Recipient Trust Account balance, these funds and a summary detailing the amount and purpose of each sub-account will be released to the recipient, recipient's guardian, or the Community Service Provider, depending on the protocol guidelines associated with the discharge service type and setting.  Any irrevocable funeral or death funds shall be reported under a sub-account.  This release of funds will take place after the facility has ensured that all liabilities have been paid.  Any federal benefit monies that are not payable to the State are returned to the Federal Payee source. Upon discharge of the recipient to the community, the facility will provide notice of pre-paid funeral and/or death benefits.

 

e)         General − State-operated mental health facilities

 

1)         All trust fund balances for discharged recipients shall be reported to the facility resource unit and shall show the net balance available for use in establishing charges for services. Facility claims for clothing shall be deducted before reporting this balance. Money credited on commissary cards shall be included in the balance.

 

2)         All trust fund balances for deceased recipients shall be reported to the facility resource unit and shall show, in detail, all burial and death benefits.

 

3)         Facilities shall not remit funds to pay services charges until receipt of an official billing statement. Funds may be remitted to pay services charges from recipient trust funds only if the recipient or the recipient's guardian of the person or estate, has consented.

 

(Source:  Amended at 49 Ill. Reg. 14118, effective October 9, 2025)