TITLE 16

Health and Safety

Mental Health

CHAPTER 60. Patients’ Trust Fund

§ 6001. Definitions.

As used in this chapter:

(1) “Institution” means any institution operated, maintained or under the supervision of the Department of Health and Social Services.

(2) “Patient” means any person admitted, committed to or placed in any such institution for the purpose of treatment.

16 Del. C. 1953, §  6001;  57 Del. Laws, c. 37.

§ 6002. Commingling of funds.

Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may commingle the funds by depositing them with the State Treasurer in an interest bearing account to be invested relatively free of risk on behalf of the beneficiaries according to the State’s Cash Management Policy. For the purpose of account reporting, an institution shall maintain supporting records that show the share each patient has in the account.

16 Del. C. 1953, §  6002;  57 Del. Laws, c. 3775 Del. Laws, c. 270, §  1

§ 6003. Records of owners.

The ownership of the principal amount of the funds shall be continued in the respective patients and be accounted for on appropriate records of the institution.

16 Del. C. 1953, §  6003;  57 Del. Laws, c. 37.

§ 6004. Use of interest.

The interest or other income from the deposits earned shall be credited to the appropriate institution for distribution to individual patient accounts on a monthly basis. The interest or other income that results from an investment is the property of the beneficiary and may not be considered to be the property of the institution.

16 Del. C. 1953, §  6004;  57 Del. Laws, c. 3775 Del. Laws, c. 270, §  2

§ 6005. Audit of funds.

The funds received or retained pursuant to this chapter shall be audited from time to time by the Auditor of Accounts.

16 Del. C. 1953, §  6005;  57 Del. Laws, c. 37.