Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT
Section 260.271 - Trust Fund Procedures for Individual Transfer and Termination

Universal Citation: 26 TX Admin Code § 260.271

Current through Reg. 49, No. 38; September 20, 2024

(a) When an individual transfers or is terminated from the DBMD Program, the program provider must:

(1) return the individual's personal funds to the individual or LAR and provide a written final accounting of those funds to the individual or LAR:

(A) in person; or

(B) by certified mail with return receipt;

(2) complete the refund and provide a final accounting within 10 business days after:

(A) the effective date of the transfer; or

(B) the date of the individual's termination;

(3) not make any payment using the individual's personal funds after receiving the notice of the individual's transfer or termination; and

(4) maintain the following documentation in the individual's trust fund record:

(A) a copy of the final accounting of the individual's personal funds;

(B) the amount refunded to the individual or LAR;

(D) the method of refund; and

(E) the signature of the individual or LAR if the refund was in cash or a copy of the check if the refund was made by check.

(b) If an individual's termination from the DBMD Program is because the individual is deceased, the program provider must:

(1) make a bona fide effort to locate the beneficiary, heir, or executor of a deceased individual's estate within 30 calendar days after the individual's death;

(2) if the individual was a Social Security beneficiary, contact the SSA;

(3) refund a deceased individual's personal funds and provide a final written accounting of those funds to the individual's beneficiary, heir, or executor either:

(A) in person; or

(B) by certified mail with return receipt;

(4) complete and provide a final written accounting within 30 calendar days after the individual's death, if the beneficiary, heir, or executor is known, located, or identified;

(5) not make any payments out of a deceased individual's trust fund; and

(6) maintain the following documentation in the individual's trust fund record:

(A) copy of the final accounting of the individual's personal funds;

(B) amount refunded to the beneficiary, heir, or executor of the deceased individual's estate;

(D) method of refund.

(c) To clear the account of an individual who is deceased but whose beneficiary, heir, or executor cannot be located within 30 calendar days after the individual's death, the program provider must:

(1) if the funds in the individual's account include Social Security or SSI benefits, follow SSA instructions;

(2) forward the individual's personal funds other than Social Security or SSI benefits to HHSC with the following information:

(A) individual's name;

(B) individual's social security number; and

(3) maintain the following in the trust fund record:

(A) documentation of the program provider's efforts to locate the beneficiary, heir, or executor of a deceased individual's estate; and

(B) proof of submission of the personal funds to HHSC.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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