(a) General information.  Each person receiving services from Developmental Disabilities Services Division (DDSD) is assured access to his or her personal funds. 

• (1) Personal funds means income from all sources, earned or unearned, and assets. Income is money received in the current month.  If any income is not used to meet the service recipient's needs during the current month, the remaining funds become a resource or asset of the service recipient in the following month.
• (2) Provider agency staff, the service recipient's representative payee, and DDSD staff assist the service recipient in avoiding financial exploitation by others.
• (3) After the service recipient's day-to-day needs for food and shelter are met, funds may be used for his or her personal needs such as recreation, clothing, and other expenses. The provider agency and the Personal Support Team (Team) work with the service recipient, as needed, to ensure that all needs are met.

(b) Prohibited transactions. Neither provider agency staff members nor DDSD employees engage in any financial transaction with the service recipient, including:

• (1) giving gifts to the service recipient with a cumulative annual value greater than $100;
• (2) accepting gifts from the service recipient with a cumulative annual value greater than $20;
• (3) selling, purchasing, leasing, or trading any item(s) except:
• (A) as part of an established business in which fair market value is received; or
• (B) when approved in advance in writing by the Team;
• (4) borrowing funds or any item of value from the service recipient; and
• (5) loaning funds to the service recipient, except:
• (A) loaning very small amounts, such as money for a meal or a recreational activity, for periods of time under 24 hours; or
• (B) as part of a program authorized in advance in writing by the Team. 

(c) Living expenses.  The provider agency may lend funds to a service recipient to cover the service recipient's living expenses in expectation that funds will be available in the future that enable the service recipient to repay the loan.  In such a situation, the provider agency submits ongoing written reports to the Team regarding the status of the service recipient's financial condition.

(d) Protection of personal funds. The provider agency safeguards the personal funds of the service recipient when such safeguarding has been determined necessary by the person's Team and authorized by the service recipient or guardian or when the provider is designated as the representative payee.  In accordance with OAC 340:100-3-1.2, each service recipient has the right to manage, be taught to manage, and have assistance in managing his or her financial affairs and to have access to all financial records regarding his or her personal funds. Staff who have access to, or assist the service recipient with, the service recipient's personal funds, assure that:

• (1) the personal funds are not co-mingled with provider agency funds;
• (2) a separate financial record is maintained for each service recipient that includes receipts for all expenditures that are:
• (A) over $5; and  
• (B) made with agency staff involvement;
• (3) a written accounting of the personal funds is maintained;
• (4) a summary of financial transactions is available to the service recipient, guardian, DDSD case manager, and the Office of Client Advocacy (OCA) advocate, if involved:
• (A) monthly; and
• (B) when the service recipient ceases receiving service from the provider agency;
• (5) copies of the written accounting and the summary of financial transactions are provided to the service recipient, guardian, and case manager upon request.
• (6) the service recipient’s personal funds account is reconciled at least monthly by a provider agency staff member who does not have authority to disburse funds from, or responsibility to deposit funds to, the account;
• (7) documentation is maintained to support all transactions involving the service recipient's funds which are not independently controlled by the service recipient;
• (8) the service recipient's income is deposited to his or her personal account within seven days of receipt;
• (9) if the service recipient's income is held in an interest bearing account, the interest accrues to the service recipient;
• (10) any personal cash which is not in the service recipient's possession is properly protected against theft;
  (11) the service recipient receives requested funds within one banking day of the request;
• (12) the service recipient, parent, guardian, or payee, as applicable, and the case manager are advised of eligibility requirements when the service recipient's account accumulates $1200;
• (13) personal funds are not used to supplement service rates or to purchase items which are part of the services that the service recipient is currently authorized to receive;
• (14) prior to receiving services from a provider agency, a written agreement is executed between the service recipient, his or her guardian, family, or advocate and the provider agency.  A copy of the agreement is given to each party, and a copy remains in the service recipient's record. The agreement includes:
• (A) the responsibilities of the provider agency to the service recipient in handling the service recipient's personal funds;
• (B) the service recipient's fiscal responsibilities; and
• (C) services for which the service recipient's personal funds must be used;
• (15) all requested financial information necessary for the maintenance of the service recipient's financial eligibility is provided to the Oklahoma Department of Human Services (OKDHS) and the Social Security Administration in a timely manner; and
• (16) each service recipient receives choices in the selection of stores for the purchase of food, clothing, and personal items.

(e) Team planning and assistance to manage personal funds.  The Team may limit, but not totally deny, a service recipient's access to or use of his or her personal funds only when a determination is made in accordance with this subsection that the limitation is essential to prevent the service recipient from unreasonably or significantly dissipating his or her personal funds.

• (1) The Team follows rules established in OAC 340:100-3-1.2.  
• (2) Regular allowances or spending programs may be implemented on an individual basis, provided it is requested by the service recipient, guardian, or parent of a minor and reviewed by the service recipient's Team.  The specific amount of the allowance is documented in the service recipient's plan.  An allowance consists of a fixed amount of money that is regularly given to the service recipient to spend as he or she wishes.
• (3) Justification for limiting access to and use of funds is documented in the service recipient's plan.  The Team develops a plan to remove the restriction and includes specific dates to review the plan.
• (4) The Team assures the service recipient is afforded due process prior to implementation of any financial restrictions.
• (5) When determining whether or not to limit a service recipient's access to his or her personal funds, the Team addresses whether the service recipient:
• (A) is able to recognize currency and coins, and their value;
• (B) does not lose money regularly;
• (C) does not leave money lying around;
• (D) does not give money away;
• (E) has the ability to make change or knows when to wait for change;
• (F) shows responsible behavior regarding his or her money, paying bills on time, writing checks only when he or she has sufficient funds, and saving or planning for special items;
• (G) understands his or her responsibility to pay room and board expenses; and
• (H) understands budgeting so money will last all month.

(f) Payee responsibilities. In addition to the requirements of subsections (a) through (e) of this Section, individuals and organizations serving as payee for a service recipient's personal funds obtain a copy of the dispersing agency's regulations regarding payee responsibilities and adhere to the dispersing agency's requirements regarding payee responsibilities. 

• (1) The service recipient, his or her guardian, or representative payee or conservator is responsible for paying for room and board from the service recipient's income.
• (2) A provider agency serving as payee uses direct deposit of benefits, if available.