Section 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.26 Tex. Admin. Code § 261.262
Adopted to be effective November 4, 2013, 38 TexReg 7724; Transferred from Title 40, § 9.262 by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6127, eff. 10/1/2020