Section 276.71 - Trust Fund Procedures for Client Discharge(a) Client transfer. (1) The facility must write a check to the resident for all funds held in the pooled checking account. This must include any interest accrued.(2) The facility must complete the transfer within ten working days of the effective date of the transfer.(3) The facility must not make any payments out of a client's trust fund after the effective date of transfer, except as described in this subsection.(4) The cleared check will suffice as a receipt.(b) Client discharge. (1) The facility must refund the discharged client's personal funds and provide a final accounting of those funds to the client or the client's representative either: (B) by mail via certified return receipt.(2) The facility must complete the refund and provide a final accounting within ten working days of the date of discharge, or the date of the facility's awareness of the client's discharge, whichever is later.(3) The facility must not make any payment out of a discharged client's trust fund, except as described in this subsection.(4) The facility must maintain the following documentation in the client's trust fund record: (A) a copy of the final accounting of the client's personal funds;(B) the amount refunded to the discharged client or the client's representative;(C) the date the refund was made. The date the refund was made is either: (i) the date the funds were refunded in person; or(ii) the date the certified return receipt shows the refund was mailed; and(D) the method of refund. The facility must: (i) obtain the signature of the client or the client's representative if the refund was in cash; or(ii) document the check number if the refund was made by check.(c) Client death. (1) The facility must refund the deceased client's personal funds and provide a final accounting of those funds to the beneficiary, heir, or executor of the deceased client's estate either: (B) by mail via certified return receipt.(2) The facility must complete the refund and provide a final accounting within 30 days of awareness of the client's death, if the beneficiary, heir, or executor is known, located, or identified. The facility must make a bona fide effort to locate the beneficiary, heir, or executor of a deceased client's estate within 30 days.(3) The facility must not make any payments out of a deceased client's trust fund, except as described in this subsection.(4) The facility must maintain the following documentation in the client trust fund record: (A) a copy of the final accounting of the client's personal funds;(B) the amount refunded to the beneficiary, heir, or executor of the deceased client's estate;(C) the date the refund was made. The date the refund was made is either: (i) the date the funds were refunded in person; or(ii) the date the certified return receipt shows the refund was mailed; and(D) the method of refund. The facility must: (i) obtain the signature of the client or the client's representative if the refund was in cash; or(ii) document the check number if the refund was made by check.(5) The facility must use the following procedures to clear the client's account if it is unable to locate or identify the beneficiary, heir, or executor of a deceased client's estate within 30 days: (A) The facility must send the personal funds of the deceased client to the Texas Department of Human Services (DHS), Fiscal Division, P.O. Box 149055, Austin, Texas 78714-9055 with the following information: (ii) the client's social security number; and(iii) the amount of money being submitted to DHS for escheat.(B) The facility must maintain the following in the client trust fund record: (i) documentation of the facility's efforts to locate the beneficiary, heir, or executor of a deceased client's estate; and(ii) proof of submission of the personal funds of a deceased client to DHS.(d) Contract assignment. (1) The assignor (the facility transferring the contract) must transfer the bank balances of the trust fund to the assignee (the facility to which the contract assignment is made) either: (B) by mail via certified return receipt.(2) The assignor must complete the transfer within five working days of the effective date of the contract assignment.(3) The assignor must not make any payments out of a client's trust fund after the effective date of the contract assignment, except as described in this subsection.(4) The assignor must provide the assignee with a list of the clients who are utilizing the trust fund and their balances.(5) The assignee must provide the assignor with a receipt for the transfer of these funds. The receipt must contain the following elements: (A) the date of the transfer of funds. The date the transfer was made is either the: (i) date the funds were refunded in person; or(ii) date the certified return receipt shows the refund was mailed;(B) the name of the assignor;(C) the amount received by the assignee; and(D) the check number for the transfer of funds.(6) The assignor must keep the receipt for audit purposes.26 Tex. Admin. Code § 276.71
Transferred from 40 TAC § 46.71 Texas Register, Volume 49, Number 38, September 20, 2024, TexReg 7640, eff. 10/18/2024