| (a) General provisions.
(1) Patient transfer agreements between a facility
and hospitals are mandatory.
(2) The facility shall submit the transfer agreement
to the Texas Health and Human Services Commission (HHSC) for review
to determine if the agreement meets the requirements of subsection
(b) of this section.
(3) Multiple transfer agreements may be entered into
by a facility based upon the type or level of medical services available
at other hospitals.
(b) Minimum requirements for patient transfer agreements.
Patient transfer agreements shall include specific language that is
consistent with:
(1) Texas Health and Safety Code Chapter 61 (relating
to Indigent Health Care Treatment Act), in accordance with §509.65(a)(6)
of this subchapter (relating to Patient Transfer Policy);
(2) discrimination, in accordance with §509.65(b)(1)
of this subchapter;
(3) patient's right to request transfer, in accordance
with §509.65(b)(2) of this subchapter;
(4) transfer of patients with emergency medical conditions,
in accordance with §509.65(b)(5) of this subchapter;
(5) physician's duties and standard of care, in accordance
with §509.65(b)(6) of this chapter;
(6) medical records, in accordance with §509.65(b)(8)
of this subchapter; and
(7) memorandum of transfer, in accordance with §509.65(b)(9)
of this chapter.
(c) Review of transfer agreements.
(1) The facility shall submit the following documents
to HHSC for review so HHSC may determine whether the transfer agreements
comply with this section's requirements:
(A) a copy of the current or proposed agreement signed
by the representatives of the facility and the hospital;
(B) the date of the adoption of the agreement; and
(C) the effective date of the agreement.
(2) HHSC may waive the documents submission required
under paragraph (1) of this subsection to avoid the repetitious submission
of required documentation and approved agreements.
(3) If a governing body or a governing body's designee
executes a transfer agreement and the entire text of that agreement
consists of the entire text of an agreement that has been previously
approved by HHSC, the governing body or the governing body's designee
is not required to submit the later agreement for review. On the date
the later agreement is fully executed and before the later agreement
is implemented, the governing body or the governing body's designee
shall give notice to HHSC that the later agreement has been executed.
(4) HHSC shall review the agreement not later than
30 calendar days after the date HHSC receives the agreement to determine
if the agreement is consistent with the requirements of this section.
(5) After HHSC review of the agreement, if HHSC determines
that the agreement is consistent with the requirements contained in
this section, HHSC shall notify the facility administration that the
agreement has been approved.
(6) If HHSC determines that the agreement is not consistent
with the requirements contained in this section, HHSC shall give notice
to the facility administration that the agreement is deficient and
provide recommendations for correction.
(7) A transfer agreement will be considered in compliance
if it is consistent with the rules that were in effect at the time
the transfer agreement was executed and approved by HHSC.
(d) Amendments to an agreement.
(1) The governing body of a facility or governing body's
designee may adopt proposed amendments to a transfer agreement that
has been approved by HHSC. Before the facility implements the amendments,
the governing body or the governing body's designee shall submit the
proposed amendments to HHSC for review in the same manner as the agreement
was submitted.
(2) HHSC shall review the amendments and approve or
reject them in the same manner as provided for the review of the agreement.
(e) Complaints. Complaints alleging a violation of
a transfer agreement shall be treated in the same manner as complaints
alleging violations of the Act or this chapter.
|
