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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 383INTERSTATE COMPACT ON MENTAL HEALTH AND MENTAL RETARDATION
RULE §383.119Requests for Persons with Mental Illness to Transfer to Texas

(a) A letter of request for interstate transfer of a person with mental illness to a state MH 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 illness;

  (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 and history of mental illness, including a copy of any psychiatric or psychological evaluations;

  (10) a copy of the original order of commitment and, if required, documentation of approval to transfer from the committing court;

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

  (12) 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 determine whether the person is eligible for admission to a state MH facility in accordance with Chapter 402, Subchapter A of this title (relating to Admissions, Transfers, Absences, and Discharges - Mental Health Facilities). The local authority may request additional information to determine whether the person is eligible for admission.

  (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) If the local authority determines that the person is eligible for admission, then the local authority will authorize admission. The local authority will provide written notification to the Texas ICC and the appropriate state MH facility of the admission authorization. The Texas ICC will provide written notification to the requesting state's ICC of the person's eligibility and authorization for admission and include the name and phone number of the facility contact.

(d) If the local authority determines that the person is not eligible for admission, then the local authority will provide written notification to the Texas ICC of the person's ineligibility for admission. The Texas ICC will provide written notification to the requesting state's ICC of:

  (1) the person's ineligibility for admission;

  (2) the person's or LAR's right to provide additional information to be considered in redetermining eligibility if the person believes that incomplete information was used to determine ineligibility; and

  (3) the person's or LAR's right to contact the TDMHMR ombudsman at Consumer Services and Rights Protection - Ombudsman, TDMHMR, P.O. Box 12668, Austin, Texas, 78711-2668, or by calling 1-800-252-8154.

(e) 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 MH facility to the director of state MH facilities at TDMHMR's Central Office for resolution.

(f) 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 §383.119 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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