Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 361 - GUARDIANSHIP SERVICES
Subchapter E - CONTRACT MONITORING AND COMPLIANCE
Section 361.201 - Monitoring Reviews

Universal Citation: 26 TX Admin Code ยง 361.201

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

(a) When a contractor accepts funds, it also accepts the authority of federal and state governments, including DADS as an agency of a state government, to perform reviews and audits and to have access to records.

(b) DADS conducts monitoring reviews of a contractor's services to determine if the contractor is in compliance with the contract and program rules and requirements. A monitoring review is conducted at the location where the contractor is providing the services unless DADS specifies a different location.

(c) At the conclusion of the review, DADS determines the level of compliance on each guardianship principle reviewed. Guardianship principles are set forth in the DADS guardianship provider handbook. If DADS considers the contractor substantially out of compliance with the contract and with the program rules and requirements, the contractor is subject to corrective action and may be subject to sanctions.

(d) During the monitoring review, the contractor must provide:

(1) adequate working space for reviewing the records; and

(2) all records DADS requests for review.

(e) During the monitoring review, DADS may:

(1) review a sample of wards' records to determine the contractor's compliance with contract requirements;

(2) interview wards and staff;

(3) observe wards and staff;

(4) interview individuals with whom agency staff interact on a regular basis, such as individuals associated with the probate courts; and

(5) conduct other activities as appropriate.

(f) DADS may conduct a follow-up monitoring review to determine if the contractor has corrected the findings identified at a preceding monitoring review. A follow-up monitoring review may:

(1) be a focused review using targeted samples; and

(2) focus only on those guardianship principles that DADS determined to be out of compliance at the immediately preceding monitoring review.

(g) DADS may expand a monitoring review period or the review sample at any time.

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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