(a) Ownership change. Within 30 days after the effective date of a change in facility ownership, the previous program provider must:
  (1) reconcile each statement issued by a financial institution with the account ledger and the personal ledger;
  (2) provide the new program provider with a list of all individuals whose personal funds were managed by the previous program provider and their trust fund account balances and personal ledger balance as of the effective date of the transfer;
  (3) transfer to the new program provider all personal funds managed by the previous program provider;
  (4) retain a receipt from the new program provider indicating the amount of the transfer; and
  (5) submit to the department any unidentified personal funds.
(b) Written notice. If the individual or LAR provides written notice that another person has been chosen to manage the individual's personal funds, a program provider must, within 30 days after receiving the notice:
  (1) reconcile the individual's statement issued by the financial institution with the account ledger and the personal funds ledger;
  (2) transfer all of the individual's personal funds to the person chosen;
  (3) retain a receipt from the person indicating the amount of the transfer; and
  (4) provide to the person a copy of the individual's current personal funds record.
(c) Discharge. If the individual is discharged from the facility, a program provider must, within 30 days after the discharge:
  (1) reconcile the individual's statement issued by a financial institution with the account ledger and personal funds ledger;
  (2) transfer all personal funds managed by the program provider:
    (A) to the admitting facility, if the individual is discharged to another facility; or
    (B) to the individual or LAR, if the individual is not discharged to another facility;
  (3) retain a receipt from the admitting facility, individual, or LAR indicating the amount of the transfer; and
  (4) provide to the admitting facility, individual, or LAR the individual's current personal funds record.
(d) Unclaimed personal funds. Within 180 days after identifying any unclaimed personal funds, a program provider must make a good faith effort to locate the individual to whom the funds belong or LAR. If the individual or LAR:
  (1) is located, the program provider must transfer the funds to the individual or LAR; or
  (2) is not located, the program provider must send to TDMHMR, Attn: Cashier, P.O. Box 12668, Austin, Texas 78691:
    (A) a statement that the funds are unclaimed;
    (B) the program provider's name, address, and vendor identification number;
    (C) the individual's name, social security number, date of birth, and last known address;
    (D) the LAR's name and address;
    (E) a check payable to TDMHMR for the amount of the unclaimed personal funds; and
    (F) documentation of the program provider's efforts to locate the individual or LAR.

Source Note: The provisions of this §261.258 adopted to be effective January 1, 2001, 25 TexReg 12790; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127