1. (a) The nursing facility must refund private funds paid to the facility for periods covered by Medicaid, including retroactive periods of Medicaid coverage, when:

   1. (1) the Medicaid vendor payment has been accepted by the nursing facility; or
   2. (2) the nursing facility has been notified by HHSC about an individual's eligibility for Medicaid.

2. (b) The nursing facility must make the refund within 30 days of:

   1. (1) notification of eligibility for nursing home coverage;
   2. (2) notification of correction of applied income; or
   3. (3) receipt of any vendor payment from HHSC for any covered period.
3. (c) When the facility becomes aware of the need for a refund as indicated in subsection (a) of this section, facility staff must write to the resident or resident representative, notifying the resident about the right to a refund and the amount due.

Source Note:The provisions of this §554.410 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871.