| (a) DADS may periodically monitor a trust fund account
to assure compliance with this section. DADS notifies a program provider
of monitoring plans and gives a report of the findings to the program
provider.
(b) DADS may, as a result of monitoring, refer a program
provider to the Health and Human Services Commission Office of Inspector
General (OIG) for an audit.
(c) The program provider must provide all records and
other documents required by §9.256 of this division (relating
to Program Provider-Managed Personal Funds) to DADS upon request.
(d) DADS provides the program provider with a report
of the findings, which may include corrective actions that the program
provider must take and internal control recommendations that the
program provider may follow.
(e) To dispute the report of findings, the program
provider may request:
(1) an informal review in accordance with §9.263(a)
of this division (relating to Informal Review and Administrative Hearing);
or
(2) an administrative hearing in accordance §9.263(b)
of this division.
(f) If the program provider does not request an informal
review or an administrative hearing and the report of findings requires
corrective actions, the program provider must complete corrective
actions within 60 days after receiving the report of findings.
(g) If the program provider does not complete corrective
actions required by DADS within 60 days after receiving the report
of findings, DADS may impose a vendor hold on payments due to the
program provider under the provider agreement until the program provider
completes corrective actions.
(h) If DADS imposes a vendor hold in accordance with
subsection (g) of this section, the program provider may request an
administrative hearing in accordance with §9.263(b)(5) of this
division. If the failure to correct is upheld, DADS continues the
vendor hold until the program provider completes the corrective actions.
|
| Source Note: The provisions of this §261.262 adopted 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 |
