(a) Accounting for personal funds. If a program provider manages personal funds, the program provider must comply with this section and ensure that:
(1) a complete accounting of personal funds entrusted to the program provider is maintained;
(2) personal funds are not commingled with program provider funds or the funds of any person other than another individual for whom the program provider manages personal funds; and
(3) personal funds are only expended for the individual's use and benefit and in a manner and for purposes determined to be in the individual's best interest.
(b) Account requirements. A program provider must manage personal funds in a trust fund account.
(1) The program provider may manage personal funds in a pooled account or a separate account. If the program provider chooses a pooled account, an individual may request and receive a separate account. The program provider may also maintain some personal funds in a petty cash fund.
(2) Trust fund accounts must be insured under federal or state law.
(3) The program provider must retain all statements from financial institutions regarding trust fund accounts.
(4) The program provider must reconcile such statement with the account ledger as described in subsection (c)(1)(A) and (2)(A) of this section and personal ledger as described in subsection (h)(1)(F) of this section within 30 days after receiving such statement.
(c) Types of accounts.
(1) Pooled accounts. If a program provider manages personal funds in a pooled account, the program provider must:
(2) Separate accounts. If a program provider manages personal funds in a separate account, the program provider must:
(d) Petty cash fund. If a program provider maintains some personal funds in a petty cash fund, the program provider must:
(1) set a limit on the amount maintained in the petty cash fund;
(2) set a limit on the amount of a single expenditure from the petty cash fund;
(3) maintain a petty cash fund ledger that includes:
(e) Interest. If personal funds accrue interest, a program provider must prorate and distribute the interest earned to each participating individual.
(f) Depositing personal funds. A program provider must deposit in a trust fund account all funds that it receives on behalf of the individual. If the deposit slip documents deposits for more than one individual, the program provider must indicate on the deposit slip the amount allocated to each individual.
(g) Access to personal funds.
(1) An individual's IDT must, based on the individual's assessment described in §9.253 of this division (relating to Determining Management of Personal Funds), determine:
(2) If the individual's IDT makes a recommendation to the specially constituted committee to restrict an individual's use of to personal funds, the specially constituted committee's decision is documented, signed by the specially constituted committee members, and made a part of the individual's IPP.
(h) Personal funds record.
(1) A program provider must maintain a personal funds record for each individual that includes:
(2) The personal ledger reconciled in accordance with subsection (b)(4) of this section must not be less than zero. If reconciled balance is less than zero, the program provider must deposit in and credit to the individual's trust fund account the amount that increases such balance to zero.
(3) At least quarterly, and within 72 hours after receiving a request from the individual or LAR, the program provider must provide to the individual or LAR a copy of the individual's personal ledger.
(i) Documenting expenditures and deposits.
(1) Expenditures.
(2) Deposits. Except for deposits made electronically, a program provider must retain a deposit slip issued by the financial institution for each deposit.
Source Note: The provisions of this §261.256 adopted to be effective January 1, 2001, 25 TexReg 12790; amended to be effective September 1, 2001, 26 TexReg 5384; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127