(a) In this section:
(1) “Eligible federal payment” means a payment made to an individual by the federal government that is not designated by law as income or a resource for purposes of an individual’s Medicaid eligibility.
(2) “Medicaid” means the medical assistance program established under Chapter 32, Human Resources Code.
(3) “Misappropriate” means the taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any real or personal property or anything of value belonging to or under the legal control of a resident without the effective consent of the resident or other appropriate legal authority.
(b) A facility may not confiscate or misappropriate an eligible federal payment made to a resident who is a recipient of Medicaid. Notwithstanding § 242.066(b), a facility that violates this section is subject to an administrative penalty in the amount equal to $25,000 for each violation. Each day the facility fails to return confiscated or misappropriated money to the resident constitutes a separate violation.