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RULE §383.117Requests for Persons with Mental Retardation to Transfer to Texas

(a) A letter of request for interstate transfer of a person with mental retardation to a state MR facility, which may be initiated by the person, a family member of the person, or the person's LAR, must be sent by the requesting state's ICC or designee to the Texas ICC at TDMHMR, P.O. Box 12668, Austin, Texas 78711-2668. The letter of request must be accompanied by the following packet of information:

  (1) documentation that the prerequisite for transfer to Texas has been met, in accordance with §411.354(b) of this title (relating to Prerequisite for Transfer);

  (2) a consent to the interstate transfer and to release of records to TDMHMR, signed by the person or the person's LAR;

  (3) the completed "Request for Interstate Transfer" form, referenced as Exhibit B in §411.361 of this title (relating to Exhibits);

  (4) a copy of the person's immunization record;

  (5) a copy of the person's Social Security card;

  (6) a copy of the person's birth certificate or appropriate substitute;

  (7) a copy of the person's diagnosis of mental retardation;

  (8) a copy of the person's comprehensive medical history, including any medical evaluations, current physician's orders, and list of current medications;

  (9) a summary of the person's social history, including a copy of any psychological evaluations;

  (10) copies of the person's current individual habilitation plan and annual planning conference documents;

  (11) a copy of the original order of commitment and documentation that the committing court has been notified of the proposed transfer, if applicable;

  (12) guardianship or other legal documentation pertaining to the individual requesting transfer, if applicable; and

  (13) a brief cover letter signed by the institution's chief executive officer or designee stating the circumstances or reasons for requesting the transfer.

(b) Upon receipt, the Texas ICC will review the letter of request packet.

  (1) If the letter of request packet is complete, then the Texas ICC will forward it to the appropriate local authority, which will implement §412.265 of this title (relating to MRA Referral of an Applicant to a State MR Facility) of Chapter 412, Subchapter F of this title (relating to Continuity of Services - State Mental Retardation Facilities).

    (A) The local authority may request additional information to determine whether the person meets the criteria for admission to a state MR facility.

    (B) The local authority must provide written notification of the person's eligibility or ineligibility for admission to the Texas ICC, who will forward a copy to the requesting state's ICC.

  (2) If the letter of request packet is incomplete, then the Texas ICC will contact the requesting state's ICC in writing and identify the specific information or documentation that must be received in order for the transfer to proceed.

(c) The Texas ICC will refer disputes relating to the benefit derived from a proposed transfer and clinical issues relating to eligibility for admission to a state MR facility to the director of state MR facilities at TDMHMR's Central Office for resolution.

(d) The Texas ICC will ensure that all authorized parties are informed of the progress made on the transfer request as allowed by the signed consent to release confidential information document.

Source Note: The provisions of this §383.117 adopted to be effective November 1, 2001, 26 TexReg 8513; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013

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