<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".17" citation="COMAR 10.07.09.17" title_num="10" subtitle_num="07" chapter_num="09" heading="Personal Property of Residents.">
  <paragraph num="A.">
    <text>Personal Possessions.</text>
    <paragraph num="(1)">
      <text>A resident has the right to retain and use personal possessions, including furnishings and appropriate clothing as space permits, unless to do so would be detrimental to the rights or health and safety of other residents.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A facility shall take reasonable steps to ensure the safety and security of the personal belongings of its residents.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A facility shall provide a reasonable amount of locked storage space for personal property upon the request of a resident.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A nursing facility may not limit the amount of funds it keeps on behalf of a resident, but may limit the amount of other property that it retains on behalf of the resident.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A nursing facility shall establish written procedures to prevent loss or damage to, and protect, property.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A nursing facility shall establish written procedures for investigating an incident of loss or damage to the property of a resident, including:</text>
    <paragraph num="(1)">
      <text>A procedure by which an individual, including a resident or representative of a resident, may report loss or damage;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The designation of an employee of the nursing facility to:</text>
      <paragraph num="(a)">
        <text>Receive reports of loss or damage;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Conduct an investigation; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Inform the resident, or when applicable, a representative or interested family member, of the results of the investigation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Release of Personal Property. A nursing facility shall release the property of a resident to:</text>
    <paragraph num="(1)">
      <text>The resident or a representative upon the:</text>
      <paragraph num="(a)">
        <text>Request of the resident; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Transfer or discharge of the resident from the nursing facility; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A government agency acting pursuant to legal authority.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Disposition of Personal Property Upon the Death of a Resident.</text>
    <paragraph num="(1)">
      <text>Immediately upon but not later than 30 business days after the death of a resident, a nursing facility shall provide notice of the resident's property being held by the facility to:</text>
      <paragraph num="(a)">
        <text>The resident's representative or interested family member; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Government agencies which have paid any part of the nursing facility charges for the resident.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon the death of a resident, the nursing facility shall release:</text>
      <paragraph num="(a)">
        <text>The resident's wearing apparel other than furs and jewels to a representative or immediate family member; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Other personal property only to an individual who presents certified letters of administration that designate the individual as “Representative of the Estate of _______________________________________________”.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Personal property or income derived from the cash conversion of personal property that a facility holds for a discharged or deceased resident is presumed abandoned in accordance with Commercial Law Article, Title 17, Annotated Code of Maryland, when the property or income from cash conversion is not claimed within 1 year.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When a nursing facility is still holding a resident's personal property 1 year after the resident's death, the nursing facility shall notify the Unclaimed Property Section, Comptroller of the Treasury, for appropriate direction.</text>
    </paragraph>
  </paragraph>
</regulation>