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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 261INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM--CONTRACTING
SUBCHAPTER FPERSONAL FUNDS
RULE §261.252Notice Regarding Personal Funds

At the time of admission to a facility, and if changes to services or charges occur, a program provider must provide each individual or LAR with written notification containing the following information:

  (1) a written explanation of §9.253(d) and (e) of this division (relating to Determining Management of Personal Funds), which describe who may manage personal funds;

  (2) a list of items and services included in the program provider's ICF/IID Program reimbursement rate for which the individual will not be charged;

  (3) a list of items and services for which the individual may be charged;

  (4) a statement that the individual or LAR may have the Social Security Administration appoint a representative payee to receive the individual's federal benefits in accordance with 20 CFR Part 404, Subpart U, and 20 CFR Part 416, Subpart F;

  (5) a statement that, if the Social Security Administration has appointed the program provider as the representative payee for an individual's social security benefits, the provider must comply with 20 CFR Part 404, Subpart U, and 20 CFR Part 416, Subpart F;

  (6) a statement that, if the program provider manages the individual's personal funds, the program provider will make available the individual's personal funds record, as described in §9.256(h) of this division (relating to Program Provider-Managed Personal Funds), upon the request of the individual or LAR within 72 hours after receiving a request for a copy of the personal funds record from the individual or LAR; and

  (7) a statement that, if the individual or LAR requests withdrawal of all personal funds managed by the program provider, or if the individual is discharged from the facility, the program provider will disburse funds managed by the program provider in accordance with §9.258 of this division (relating to Closing Trust Fund Accounts) and, if the program provider is the representative payee, in accordance with 20 CFR Part 404, Subpart U, and 20 CFR Part 416, Subpart F.


Source Note: The provisions of this §261.252 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; amended to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127

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