Section 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: (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:(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(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:(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.26 Tex. Admin. Code § 260.271
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0915, eff. 2/26/2023