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

   1. (1) an accounting system to ensure that payment is made by DADS to the contractor only if services provided have been rendered;
   2. (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. (3) a system to refund monies to DADS or to a ward if needed;
   4. (4) compliance with state and federal laws and regulations regarding sound accounting practices for the contractor; and
   5. (5) internal and external audits to be performed on a regular basis.
2. (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.
3. (c) A contractor must not seek or accept reimbursement from a DADS ward to whom it provides purchased services.

4. (d) A contractor must not collect:

   1. (1) payment from a ward;
   2. (2) a percentage of the Social Security or Supplemental Security Income check specified in the Omnibus Reconciliation Act of 1990; or
   3. (3) payment authorized by the court in accordance with Texas Estates Code, §1155.002 and §1155.003.
5. (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.
6. (f) A contractor must provide all legal support necessary for the guardianship services contracted by DADS, including contested applications for guardianship.
7. (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.