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