SECTION 361.71. Fiscal Management

(a) A contractor must establish policies and procedures that describe:

(1) an accounting system to ensure that payment is made by DADS to the contractor only if services provided have been rendered;

(2) a tracking system that includes receipts and a description of the goods or services provided for all fiscal matters for wards served by the guardianship program;

(3) a system to refund monies to DADS or to a ward if needed;

(4) compliance with state and federal laws and regulations regarding sound accounting practices for the contractor; and

(5) internal and external audits to be performed on a regular basis.

(b) A contractor must accept payment from DADS as payment in full for services rendered. The contractor must not duplicate billing or receipt of other funds.

(c) A contractor must not seek or accept reimbursement from a DADS ward to whom it provides purchased services.

(d) A contractor must not collect:

(1) payment from a ward;

(2) a percentage of the Social Security or Supplemental Security Income check specified in the Omnibus Reconciliation Act of 1990; or

(3) payment authorized by the court in accordance with Texas Estates Code, §1155.002 and §1155.003.

(e) A contractor must not use DADS funds or DADS reimbursed staff time to provide guardianship or other services to an individual who has not been referred by DADS.

(f) A contractor must provide all legal support necessary for the guardianship services contracted by DADS, including contested applications for guardianship.

(g) A contractor must provide DADS staff access to the results of audits performed on DADS wards.

Source Note: The provisions of this §361.71 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983