26 Tex. Admin. Code § 260.271 - Trust Fund Procedures for Individual Transfer and Termination

(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;

(C) the date the refund was made;

(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;

(C) date the refund was made; and

(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

(C) the amount of money being submitted to HHSC; 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.

Notes

26 Tex. Admin. Code § 260.271

Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0915, eff. 2/26/2023