ASSISTED LIVING FACILITY TRUST FUND AND EMERGENCY ASSISTANCE FUNDS

(a) The assisted living facility trust fund is a trust fund with the comptroller and shall be made available to the department for expenditures without legislative appropriation to make emergency assistance funds available to an assisted living facility. (b) A trustee of an assisted living facility may use the emergency assistance funds only to alleviate an immediate threat to the health or safety of the residents. The use may include payments for: (1) food; (2) medication; (3) sanitation services; (4) minor repairs; (5) supplies necessary for personal hygiene; or (6) services necessary for the personal care, health, and safety of the residents. (c) A court may order the department to disburse emergency assistance funds to an assisted living facility if the court finds that: (1) the assisted living facility has inadequate funds accessible to the trustee for the operation of the assisted living facility; (2) an emergency exists that presents an immediate threat to the health and safety of the residents; and (3) it is in the best interests of the health and safety of the residents that funds are immediately available. (d) The department shall disburse money from the assisted living facility trust fund as ordered by the court in accordance with department rules. (e) Any unencumbered amount in the assisted living facility trust fund in excess of $500,000 at the end of each fiscal year shall be transferred to the credit of the general revenue fund.