Sec. 1. 34-B MRSA §3611 is enacted to read:

§3611.__Requirements for representative payees

The following requirements apply to persons acting as representative payees for consumers of mental health services, as defined in section 3607, subsection 1, paragraph B.

1.__Fiduciary responsibility.__A representative payee for a consumer has a fiduciary responsibility to the consumer.

2.__Prohibited benefit.__A representative payee for a consumer may not derive any direct monetary benefit from serving as representative payee.

3.__Quarterly accounting.__A representative payee shall provide to the consumer an accounting for all funds of the consumer on a quarterly basis.

4.__Access to records.__A person providing case management services, as defined in section 3601, subsection 1-A, an employee of the department providing supervision of or reviewing persons or organizations providing publicly funded mental health services or an employee of the Office of Advocacy may examine all financial records regarding the representative payee relationship with a consumer.

SUMMARY

This bill requires representative payees of consumers of mental health services to perform their duties in the manner of fiduciaries and provide quarterly accountings for all funds. The bill prohibits representative payees from deriving any direct monetary benefit from the relationship. The bill allows a person providing case management services, an employee of the Department of Mental Health, Mental Retardation and Substance Abuse Services providing supervision of or reviewing persons or organizations providing publicly funded mental health services or an employee of the Office of Advocacy to examine all financial records regarding the representative payee relationship.