(a) Deposit of funds. The facility must keep funds
received from a resident for holding, safeguarding, and accounting,
separate from the facility's funds.
  (1) This separate account must be identified " (Name
of Facility), Resident's Trust Fund Account," or by a similar title
that shows a fiduciary relationship exists between a resident and
the facility.
  (2) A facility may commingle the trust funds of Medicaid
residents and private-pay residents.
  (3) If the funds are commingled, the facility must
provide, upon request, the following records to the Department of
Aging and Disability Services, the Texas attorney general's Medicaid
Fraud Control Unit, and the U.S. Department of Health and Human Services:

    (A) copies of release forms signed and dated by each
private-pay resident or responsible party whose funds are commingled;
and
    (B) legible copies of the trust fund records of private-pay
residents whose funds are commingled.
  (4) The facility must maintain the forms and records
described in paragraph (3) of this subsection in the same manner as
the financial records of Medicaid residents as specified in this section.

  (5) A facility must ensure that a release form described
in paragraph (3)(A) of this subsection:
    (A) includes permission for the facility to maintain
trust fund records of private-pay residents in the same manner as
those of Medicaid residents;
    (B) is obtained from a private-pay resident upon admission
or at the time of request for trust fund services; and
    (C) includes a provision allowing inspection of the
private-pay resident's trust fund records by the agencies described
in paragraph (3) of this subsection.