§ 717.25. Financial transactions.
(a) The licensee shall develop and implement written policies and procedures to maintain a complete record of collection of fees, payments and deposits between the licensee, the drug and alcohol recovery house or its employees and the resident or on behalf of the resident in accordance with standard accounting practices. The record must include all of the following:
(1) All fee deposits, resident fees and other monetary transactions between the drug and alcohol recovery house and the resident.
(2) Documentation that the drug and alcohol recovery house returned all deposits due to the resident when the resident departed the drug and alcohol recovery house, signed and dated by the licensee and resident.
(b) The licensee shall develop and implement written policies and procedures that prohibit the licensee, staff, volunteers or contractors of the drug and alcohol recovery house from all of the following:
(1) Requiring a resident to sign a document relinquishing the resident’s public assistance benefits, including medical assistance benefits, cash assistance, Supplemental Security Income and Supplemental Nutrition Assistance Program benefits.
(2) Requiring a resident to surrender cash or sign over a paycheck.
(3) Borrowing money from a resident or lending money to a resident.
(4) Buying property from a resident or selling property to a resident.
(5) Directly or indirectly soliciting or accepting a commission, fee or anything of monetary or material value from residents, other related individuals, third-party entities or referral sources, beyond specified rent established in writing at the time of residency.
(c) Residents maintain the right to manage their own personal finances.
(d) A licensee may assist a resident in managing the resident’s finances, budgeting and spending. The following apply:
(1) The licensee shall keep a record of financial transactions in accordance with standard accounting practices, including the dates, amounts of deposits, amounts of withdrawals and the current balance.
(2) The licensee shall disburse resident funds during normal business hours within 24 hours of the resident’s request.
(3) The licensee shall obtain a written receipt from the resident for cash disbursements at the time of disbursement.
(4) The licensee shall only use resident funds and property for the resident’s benefit.
(5) The licensee may not commingle resident funds and house funds.
(6) If the licensee is holding more than $200 for a resident for more than 2 consecutive months, the licensee shall notify the resident and offer assistance in establishing an interest-bearing account in the resident’s name at a local Federally-insured financial institution. This does not include security deposits.
(7) The licensee, staff, volunteers or contractors shall not be assigned power of attorney or guardianship of a resident or a resident’s estate.
(8) The licensee shall maintain a copy of the itemized account in the resident’s record.
(9) The licensee shall provide the resident the opportunity to review their own financial record upon request during normal business hours.
(e) The licensee shall establish a written agreement with a resident before assisting in managing the resident’s finances. The following apply:
(1) The licensee and resident shall sign the agreement.
(2) The agreement must include all of the following:
(i) The financial assistance provided by the licensee.
(ii) The right of the resident to at least 30 days advance notice, in writing, of the licensee’s request to change the agreement.
(iii) The right of the resident to rescind the agreement in writing.
(3) The licensee shall maintain a copy of the financial management services agreement in the resident’s record.
Cross References This section cited in 28 Pa. Code § 717.6 (relating to application and renewal).
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