| (5) before each patient transfer, the transferring
physician to ensure the receiving general or special hospital and
physician are appropriate to the patient's medical needs and have
accepted responsibility for the patient's medical treatment and hospital
care; and
(6) the LSRH's medical staff review appropriate records
of patients transferred from the LSRH to determine that the appropriate
standard of care has been met.
(r) The LSRH's transfer policy shall comply with the
following requirements related to medical records.
(1) The policy shall require the LSRH to forward a
copy of the portions of the patient's medical record, which are available
and relevant to the transfer and to the continuing care of the patient,
to the receiving physician and receiving hospital with the patient.
When all necessary medical records for the continued care of the patient
are not available at the time the patient is transferred, the transferring
LSRH shall forward the records to the receiving physician and hospital
as soon as possible.
(2) The patient's medical record shall contain at least
the following:
(A) a brief description of the patient's medical history
and physical examination;
(B) a working diagnosis and recorded observations of
physical assessment of the patient's condition at the time of transfer;
(C) the reason for the transfer;
(D) the results of all diagnostic tests, such as laboratory
tests;
(E) relevant radiological films and reports; and
(F) any other relevant information.
(s) The LSRH's transfer policy shall require the LSRH
to complete a memorandum of transfer for every transferred patient.
(1) The memorandum shall contain the following information:
(A) if known, the patient's:
(i) full name;
(ii) race, religion, national origin, age, sex, disability
status;
(iii) address and phone number; and
(iv) next of kin address and phone number;
(B) the transferring and receiving physicians' names,
telephone numbers, and addresses;
(C) the transferring LSRH's and receiving general or
special hospital's names, addresses, and telephone numbers;
(D) the time and date on which the patient first presented
or was presented to the transferring physician and transferring LSRH;
(E) the time and date on which the transferring physician
secured a receiving physician;
(F) the name of the hospital contact and date and time
hospital administration was contacted in the receiving general or
special hospital;
(G) the transferring LSRH administrator's signature
and title and time the administrator contacted the receiving hospital;
(H) certification required by subsection (o)(2) of
this section, if applicable (the certification may be part of the
memorandum of transfer form or may be on a separate form attached
to the memorandum of transfer form);
(I) the time and date the receiving physician assumed
responsibility for the patient;
(J) the time and date the patient arrived at the receiving
general or special hospital;
(K) the signature and date of receiving hospital administration;
(L) the type of vehicle and company used to transport
the patient;
(M) the type of equipment and personnel needed in transfers;
(N) the name and city of hospital where the patient
was transported;
(O) the patient's diagnosis by the transferring physician;
and
(P) the attachments by the transferring LSRH.
(2) The transferring LSRH shall retain a copy of the
memorandum of transfer for five years and file the memorandum separately
from the patient's medical record and in a manner facilitating its
inspection by the Texas Health and Human Services Commission.
(t) An LSRH violates HSC Chapter 241 and this section
if:
(1) the LSRH fails to comply with the requirements
of this section; or
(2) the LSRH's governing body fails or refuses to:
(A) adopt a transfer policy that complies with this
section and contains all requirements listed in this section;
(B) adopt a memorandum of transfer form that complies
with the content requirements contained in this section; or
(C) enforce its transfer policy and the use of the
memorandum of transfer.
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