Current through Reg. 49, No. 38; September 20, 2024
(a) Accounting
for personal funds. If the facility manages an individual's personal funds, the
SMHF must comply with this section and ensure that:
(1) a complete accounting of personal funds
entrusted to the SMHF is maintained;
(2) personal funds are not commingled with
facility funds or the funds of any person other than another individual for
whom the SMHF manages personal funds; and
(3) an individual's personal funds are only
expended for that individual's use and benefit.
(b) Account requirements. The SMHF must
manage personal funds in a pooled trust fund account.
(1) The trust fund account must be insured
under federal or state law.
(2) The
SMHF must retain all bank statements from financial institutions regarding
trust fund accounts.
(3) Within 30
calendar days after receiving the bank statement, the facility must reconcile
the bank statement with the general ledger as described in subsection (c) of
this section and personal funds ledger as described in subsection (h)(5) of
this section.
(4) Each business
day, staff must reconcile:
(A) each
individual's transactions with the trust fund control ledger; and
(B) the personal funds ledger with the trust
fund control ledger.
(c) General ledger. The SMHF must maintain a
general ledger that separately identifies each financial transaction,
including:
(1) the name of the individual for
whom the transaction was made;
(2)
the date and amount of the transaction, including interest;
(3) the balance after the transaction;
and
(4) identify the SMHF name in
the account title and the type of account, e.g., Austin State Hospital, Trust
Fund Account.
(d)
Investment. Unless an exception is granted by the director, State Mental Health
Facilities and written documentation of such is maintained at the facility, the
SMHF must invest at least 75% of the average monthly balance of the total held
in trust for the previous six months in an insured Texas financial
institution.
(e) Interest. If
personal funds accrue interest, the SMHF must prorate and distribute the
interest earned to each participating individual at the end of the
month.
(f) Depositing personal
funds. The SMHF must deposit in the trust fund account all funds that it
receives on behalf of an individual.
(g) Access to personal funds. The treating
physician must determine the individual's ability to manage his or her personal
funds and:
(1) if there is a need for a
budgeted amount, set the amount, and document the amount in the individual's
medical record; and
(2) if there is
a need to restrict the individual's use of personal funds the treating
physician must document the need for the restriction in the individual's
medical record.
(h)
Personal funds documentation. Staff must maintain a personal funds
documentation for each individual that includes:
(1) the name of the individual;
(2) the name of the individual's LAR and
representative payee, as applicable;
(3) the date of the individual's admission to
the SMHF;
(4) the individual's
budgeted amount;
(5) a personal
funds ledger that includes the date and amount of each transaction and the
balance after each transaction; and
(6) any contribution acknowledgment as
described in §
417.46
of this title (relating to Contributions).
(i) Documenting expenditures and deposits.
(1) Expenditures.
(A) Staff must retain a sales receipt for
each expenditure made on behalf of an individual.
(i) If a sales receipt documents an
expenditure for more than one individual, the SMHF must indicate on the sales
receipt the amount allocated to each individual.
(ii) If a sales receipt does not include the
specific item or service purchased or the name of the seller, staff must attach
such documentation.
(B)
Staff must explain each expenditure to the individual and request that the
individual sign the receipt. If staff determine that the individual does not
understand the explanation, the individual does not sign the receipt, or the
individual's signature is illegible, a witness to the expenditure must sign the
receipt. The witness cannot be responsible for managing personal funds or
responsible for supervising persons performing such duties.
(2) Deposits. Except for deposits
made electronically, staff must retain a deposit slip issued by the financial
institution for each deposit.
