Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter E - RESIDENT RIGHTS
Section 554.404 - Protection of Resident Funds
Universal Citation: 26 TX Admin Code ยง 554.404
Current through Reg. 49, No. 38; September 20, 2024
(a) Management of financial affairs. The resident has the right to manage the resident's financial affairs and the facility may not require a resident to deposit their personal funds with the facility. A resident may designate another person to manage the resident's financial affairs.
(b) Management of personal funds.
(1) Licensed-only facilities. Upon written
authorization of a resident, the facility may hold, safeguard, manage, and
account for the personal funds of the resident deposited with the facility. The
facility will act as a fiduciary agent if the facility holds, safeguards, and
accounts for the resident's personal funds.
(2) Medicaid-certified facilities. Upon
written authorization of a resident, the facility must hold, safeguard, manage,
and account for the personal funds of the resident deposited with the facility,
as described in § 554.405 of this subchapter (relating to Additional
Requirements for Trust Funds in Medicaid-certified Facilities). The facility
will act as a fiduciary agent if the facility holds, safeguards, and accounts
for the resident's personal funds.
(c) Statement of resident rights and responsibilities. The facility must provide each resident and resident representative with a written statement at the time of admission that meets the following requirements:
(1) the statement
describes the resident's rights to select how personal funds will be handled.
The following alternatives must be included:
(A) the resident has the right to manage the
resident's financial affairs;
(B)
the facility may not require a resident to deposit the resident's personal
funds with the facility;
(C) the
facility has an obligation, upon written authorization of a resident, to hold,
safeguard, manage, and account for the personal funds of the resident deposited
with the facility;
(D) the resident
has a right to apply to the Social Security Administration to have a
representative payee designated for federal or state benefits to which the
resident may be entitled; and
(E)
except when subparagraph (D) of this paragraph applies, the resident has a
right to designate in writing another person to manage the resident's personal
funds;
(2) the statement
notes, when applicable, that any charge for the facility handling a Medicaid
recipient's personal funds is included in the facility's basic rate;
and
(3) the statement advises the
resident that the facility must have written permission from the resident or
resident representative to handle the resident's personal funds.
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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