.39 Misuse of Resident's Funds.

A. A person may not misappropriate a resident's assets or income, including spending the resident's assets or income against or without the consent of the resident or, if the resident is unable to consent, the resident's agent.

B. An individual who witnessed, or otherwise has reason to believe, that there has been an abuse of a resident's funds shall make a complaint within 24 hours to the:

(1) Appropriate law enforcement agency;

(2) Office of Health Care Quality of the Department;

(3) The Department of Aging or the local area agency on aging; or

(4) Local offices of the Department of Human Services or Adult Protective Services.

C. The agency that investigates the abuse of a resident's funds shall send a report to any other agency listed under §B of this regulation that participates in the licensure or subsidizes the care of the resident. Any agency may make a referral to the State's Attorney's Office, or to the Medicaid Fraud Control Unit of the Criminal Division of the Office of the Attorney General, if appropriate.