(a) Ownership change. Within 30 days after the effective
date of a change in facility ownership, the previous program provider
must:
(1) reconcile each statement issued by a financial
institution with the account ledger and the personal ledger;
(2) provide the new program provider with a list of
all individuals whose personal funds were managed by the previous
program provider and their trust fund account balances and personal
ledger balance as of the effective date of the transfer;
(3) transfer to the new program provider all personal
funds managed by the previous program provider;
(4) retain a receipt from the new program provider
indicating the amount of the transfer; and
(5) submit to the department any unidentified personal
funds.
(b) Written notice. If the individual or LAR provides
written notice that another person has been chosen to manage the individual's
personal funds, a program provider must, within 30 days after receiving
the notice:
(1) reconcile the individual's statement issued by
the financial institution with the account ledger and the personal
funds ledger;
(2) transfer all of the individual's personal funds
to the person chosen;
(3) retain a receipt from the person indicating the
amount of the transfer; and
(4) provide to the person a copy of the individual's
current personal funds record.
(c) Discharge. If the individual is discharged from
the facility, a program provider must, within 30 days after the discharge:
(1) reconcile the individual's statement issued by
a financial institution with the account ledger and personal funds
ledger;
(2) transfer all personal funds managed by the program
provider:
(A) to the admitting facility, if the individual is
discharged to another facility; or
(B) to the individual or LAR, if the individual is
not discharged to another facility;
(3) retain a receipt from the admitting facility, individual,
or LAR indicating the amount of the transfer; and
(4) provide to the admitting facility, individual,
or LAR the individual's current personal funds record.
(d) Unclaimed personal funds. Within 180 days after
identifying any unclaimed personal funds, a program provider must
make a good faith effort to locate the individual to whom the funds
belong or LAR. If the individual or LAR:
(1) is located, the program provider must transfer
the funds to the individual or LAR; or
(2) is not located, the program provider must send
to TDMHMR, Attn: Cashier, P.O. Box 12668, Austin, Texas 78691:
(A) a statement that the funds are unclaimed;
(B) the program provider's name, address, and vendor
identification number;
(C) the individual's name, social security number,
date of birth, and last known address;
(D) the LAR's name and address;
(E) a check payable to TDMHMR for the amount of the
unclaimed personal funds; and
(F) documentation of the program provider's efforts
to locate the individual or LAR.
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Source Note: The provisions of this §261.258 adopted to be effective January 1, 2001, 25 TexReg 12790; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |