Community Grievance Decision Digest
FUNDS AND INDIGENCE
THE LAW:
Each
patient shall... “Have the right to use
his or her money as he or she chooses,
except to the extent that authority over the money is held by another,
including the parent of a minor, a court-appointed guardian of the
patient's estate or a representative payee.
If a treatment facility or community
mental health program so approves, a patient or his or her guardian
may authorize in writing the deposit of money in the patient's name with
the facility or program. Any earnings attributable to the money accrue to the patient.
The treatment facility or community
mental health program shall maintain a separate accounting of the
deposited money of each patient. The
patient or his or her guardian shall receive, upon written request by the
patient or guardian, a written monthly account of any financial
transactions made by the treatment facility or community mental health
program with respect to the patient's money.
If a patient is discharged from a treatment facility or community
mental health program, all of the patient's money shall be returned to the
patient. No treatment facility
or community mental health program
or employee of such facility or program may act as representative
payee for a patient for social security, pension, annuity or trust
fund payments or other direct payments or monetary assistance unless the
patient or his or her guardian has given informed written consent to do so
or unless a representative payee who is acceptable to the patient or his
or her guardian and the payer cannot be identified.
A community mental health program or treatment facility shall give
money of the patient to him or her upon request, subject to any
limitations imposed by guardianship or representative payeeship, except
that an inpatient facility may, as part of its security procedures, limit
the amount of currency that is held by a patient and may establish
reasonable policies governing patient account transactions.”
§ 51.61(1)(v), Wis. Stats. [Emphasis added.]
“Except
as otherwise provided under s. 51.61(1)(v), Stats., a patient shall be
permitted to use the patient’s own
money as the patient wishes. A
service provider holding funds for a patient shall give the patient an
accounting of those funds in accordance with s. 51.61(1)(v), Stats.”
HFS
94.25, Wis. Admin. Code [Emphasis added.]
[NOTE:
Subsection 51.61(1)(v) was added to the Wisconsin Statues in 1995. Prior
to that time, patient funds were considered to be “possessions” under
§ 51.61(1)(q). As
“possessions” personal funds could be limited in certain circumstances
constituting "cause" under Sec. 51.61(2), Stats. (the client
rights limitation or denial procedure).
Subsection 51.61(1)(v) is not one of those rights to which the
limitation or denial process applies.
However, that law states in part, “an inpatient facility may, as
part of its security procedures, limit the amount of currency that is held
by a patient...”]
DECISIONS
1.
A
client was denied CIP 1-B funding
for an addition to her house. The county followed all applicable laws
and policies in denying the request, so the client’s
rights were not violated. However,
the county and the department worked
together to find another way to
pay for the remodeling project. (Level
III decision in Case No. 00-SGE-06 on 2/5/01.)
2.
Financial assistance for housing is not an
issue covered by client rights and such decisions cannot be challenged in the grievance process in HFS 94. (Level III
decision in Case No. 01-SGE-02 on 6/6/01.)
3.
An
ex-patient complained that an inpatient treatment facility overcharged him for some smoking materials.
County funds paid for those
materials, rather than the patient.
The issue was thus between the county and the facility and the issue was not
appropriate for the grievance process. (Level III decision in Case No.
02-SGE-05 on 3/19/03.)
Last Updated: November 07, 2006 |
