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If your facility holds personal needs money for Medicaid residents, Rhode Island requires a surety bond that covers every dollar of it, named to the State of Rhode Island. Getting the amount right matters more than anything else on this bond, because the requirement is tied to your residents' actual balances, not a number on a license form.
Rhode Island rule 210-RICR-50-05-2 requires nursing facilities, ICF/IDD facilities and assisted living residences that manage Title XIX residents' personal needs funds to maintain a surety bond under 42 CFR 483.10(f)(10)(vi). The obligee must be the State of Rhode Island, and the bond amount must be greater than all personal funds of the residents at the facility.
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There is no flat amount for this bond. The Executive Office of Health and Human Services rule says the amount of the surety bond must be greater than all personal funds of the residents at the facility. If resident balances grow, the bond needs to grow with them. A bond sized to last year's balances can leave the facility out of compliance.
The second detail people miss is the obligee. The rule states that the obligee of the surety bond must be the State of Rhode Island. A bond naming the facility, a resident or a family member does not satisfy it.
The rule, Uniform Accountability Procedures for Title XIX Resident Personal Needs Funds, applies to community nursing facilities, ICF/IDD facilities and assisted living residences that receive Medicaid payment and handle residents' personal needs money. It was adopted under RIGL Chapter 40-8, including 40-8-32, and RIGL 23-17.5-15, and it carries out the federal requirement in 42 CFR 483.10(f)(10)(vi) that a facility purchase a surety bond or otherwise provide satisfactory assurance for resident funds deposited with it.
Federal rules do not allow a facility to require residents to deposit their money with it. The facility handles funds only with written authorization, and Rhode Island requires a signed and witnessed document at admission stating who manages the funds. Each resident must receive a written accounting of deposits, withdrawals and balances at least quarterly. When a resident transfers, the funds go with them within ten days. When a resident dies, the facility submits a notarized statement of the money available within ten days.
The bond guarantees that residents' personal needs money held by the facility is safeguarded and accounted for. If funds are lost, misused or not returned, the State can make a claim against the bond up to its amount.
More than the total personal funds of all residents held by the facility. Rhode Island does not set a fixed figure, so the amount depends on your actual balances and should be checked as they change.
The State of Rhode Island. 210-RICR-50-05-2 states this directly.
Title XIX participating community nursing facilities, ICF/IDD facilities and assisted living residences that manage residents' personal needs funds.
Both. 42 CFR 483.10(f)(10)(vi) requires a surety bond or other satisfactory assurance for resident funds. Rhode Island's rule adopts that requirement and adds that the obligee must be the State and the amount must exceed all resident funds held.
The surety sets the premium as a percentage of the bond amount after reviewing the facility's financial condition and its controls over resident funds. Confirm the current filing steps with the Executive Office of Health and Human Services before the bond is issued.
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