26 Tex. Admin. Code § 261.262 - Trust Fund Monitoring and Audits
(a) DADS
may periodically monitor a trust fund account to assure compliance with this
section. DADS notifies a program provider of monitoring plans and gives a
report of the findings to the program provider.
(b) DADS may, as a result of monitoring,
refer a program provider to the Health and Human Services Commission Office of
Inspector General (OIG) for an audit.
(c) The program provider must provide all
records and other documents required by §
261.256 of this chapter (relating
to Program Provider-Managed Personal Funds) to DADS upon request.
(d) DADS provides the program provider with a
report of the findings, which may include corrective actions that the program
provider must take and internal control recommendations that the program
provider may follow.
(e) To dispute
the report of findings, the program provider may request:
(1) an informal review in accordance with
§
261.263(a) of
this chapter (relating to Informal Review and Administrative Hearing);
or
(2) an administrative hearing in
accordance §
261.263(b) of
this chapter.
(f) If the
program provider does not request an informal review or an administrative
hearing and the report of findings requires corrective actions, the program
provider must complete corrective actions within 60 days after receiving the
report of findings.
(g) If the
program provider does not complete corrective actions required by DADS within
60 days after receiving the report of findings, DADS may impose a vendor hold
on payments due to the program provider under the provider agreement until the
program provider completes corrective actions.
(h) If DADS imposes a vendor hold in
accordance with subsection (g) of this section, the program provider may
request an administrative hearing in accordance with §
261.263(b)(5) of
this chapter. If the failure to correct is upheld, DADS continues the vendor
hold until the program provider completes the corrective actions.
Notes
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