(a) A contractor must establish policies and procedures
(1) an accounting system to ensure that payment is
made by DADS to the contractor only if services provided have been
(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
(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 §10.319 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609