Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 361 - GUARDIANSHIP SERVICES
Subchapter C - CONTRACTOR REQUIREMENTS
Section 361.71 - Fiscal Management

Universal Citation: 26 TX Admin Code § 361.71

Current through Reg. 50, No. 13; March 28, 2025

(a) A contractor must establish policies and procedures that describe:

(1) an accounting system to ensure that payment is made by DADS to the contractor only if services provided have been rendered;

(2) a tracking system that includes receipts and a description of the goods or services provided for all fiscal matters for wards served by the guardianship program;

(3) a system to refund monies to DADS or to a ward if needed;

(4) compliance with state and federal laws and regulations regarding sound accounting practices for the contractor; and

(5) internal and external audits to be performed on a regular basis.

(b) A contractor must accept payment from DADS as payment in full for services rendered. The contractor must not duplicate billing or receipt of other funds.

(c) A contractor must not seek or accept reimbursement from a DADS ward to whom it provides purchased services.

(d) A contractor must not collect:

(1) payment from a ward;

(2) a percentage of the Social Security or Supplemental Security Income check specified in the Omnibus Reconciliation Act of 1990; or

(3) payment authorized by the court in accordance with Texas Estates Code, §1155.002 and §1155.003.

(e) A contractor must not use DADS funds or DADS reimbursed staff time to provide guardianship or other services to an individual who has not been referred by DADS.

(f) A contractor must provide all legal support necessary for the guardianship services contracted by DADS, including contested applications for guardianship.

(g) A contractor must provide DADS staff access to the results of audits performed on DADS wards.

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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